UPDATE No 36

Report on the Substantive Session 2000, Economic and Social Council, considering the UN Commission on Human Rights resolution on the Permanent Forum for Indigenous Issues

by Alberto Saldamando, International Indian Treaty Council (IITC)

It is appropriate to inform other indigenous organizations and representatives of what transpired at the ECOSOC meeting considering the establishment of the Permanent Forum. Although the Commission on Human Rights resolution was approved without change, much work remains to be done. The caucus in attendance decided to undertake important initiatives in order to further the establishment of the Permanent Forum for Indigenous Issues within the United Nations system.

The caucus was composed of approximately 19 Indigenous representatives from the five regions (as defined by ECOSOC), North America and the Pacific, the European Union, Latin America, Africa and Asia. Also in attendance were New York Indigenous representatives of the Haudenosaunee Confederacy and the IITC. (A complete listing is found at the end of the joint Statement.)

The Caucus agreed to write a statement, drafted by Victoria Tauli-Corpuz, and subsequently read to the ECOSOC plenary by recently elected Grand Chief Dr. Matthew Coon-Come of the Assembly of First Nations, Canada.

We also agreed that as a priority, the positions of the United States and Cuba were essential to the acceptance of the Permanent Forum. Various contacts were also made with other important delegations, including the G-77 (the Nigeria delegation), South Africa, CARICOM, and Canada, all whom also informed that the CHR resolution as written, would be supported.

In the end, the United States accepted without comment the Programme Budget implications as presented by the Secretary General, and Cuba only abstained, with comments that their delegation had serious doubts about the resolution, mentioning:

1. the method of selection of the Indigenous members of the Permanent Forum, which allowed a space for states to "veto" Indigenous members selected by Indigenous organizations;

2. the requirement that decisions be taken by consensus, allowing states to essentially "veto" positions taken by the Indigenous members; and,

3. the termination of the Working Group on Indigenous Populations.

After the vote, an amicable conversation with the Cuban delegate took place, to the effect that we also had these and other problems ourselves with the resolution, but that Indigenous representatives felt that to postpone the vote on the Permanent Forum now would probably not result in any substantial improvements and might just have killed the prospect of a Permanent Forum. We agreed that we would have future conversations on these issues.

We also understood from various delegations that the test for the Permanent Forum would be before the 5th Committee, which concerns itself with questions of budget, where the United States is expected to raise the issue of the Working Group on Indigenous Populations as a financial trade off for the Permanent Forum. It was significant that the US did not comment on the report of the Secretary General on the financial implications.

Future Plans:

It is clear that there remains a great deal of work in order to ensure a Permanent Forum as Indigenous Peoples envision it, with true indigenous participation, and the continuation of the WGIP.

1. The next session of the 5th Committee coincides with the next session of the General Assembly, in late November or early December. There should be Indigenous Peoples representatives there to work on the budget for the Permanent Forum. In the meantime, work should be started on the United States position for that meeting, possibly with contacts to be made with the ECOSOC US delegation. We should be aware that consultative status does not allow us to work at that level, and the UN in New York is very formal about the rules.

2. The Caucus agreed that the Inuit Circumpolar Conference, the Saami Council and IWGIA should make approaches to friendly governments about suggesting to the ECOSOC President that a system akin to "friends of the Chair," composed of five Indigenous representatives, and five states, follow the process of setting up the Permanent Forum within ECOSOC.

It was felt by the caucus that a procedure of this sort was necessary if Indigenous Peoples were to be involved in the process of the implementation of the Permanent Forum, as questions of the location and personnel of the Secretariat, the method of selection of the members, both state and Indigenous, and other such questions would probably be dealt with by ECOSOC.

The guidelines adopted by the Caucus for the Friends of the Chair were two:

1. that these people would be involved in questions relating to the process of the implementation of the Permanent Forum; and,

2. that they would communicate and consult as widely as possible during the process with Indigenous Peoples and their organizations within their regions.

The Indigenous Caucus, by region, selected Willy Littlechild of IOIRD, Lars Anders Baer of the Saami Council, Lucy Mulenkei of the African Indigenous Women's Organization, Suhas Chakma of the Asian Indigenous and Tribal Peoples Network, and Marcial Arias of Asociación Napguana, as the Indigenous Friends of the Chair, in order to be ready to immediately begin work if the proposal is accepted. Each was asked that they could themselves appoint alternates or others to help if they felt the need, but that they would be the primary contacts.

IWGIA will be responsible to keep the Friends of the Chair informed as to the progress of the proposal, and Tonya Frischner of the American Indian Law Alliance volunteered to provide whatever logistical assistance is requested by them, with Carol Kalafatic of the IITC assisting her in Spanish language support where requested by Tanya.

We must follow the 5th Committee deliberations on the budget. And we should also follow the process of the Friends of the Chair, if the idea is carried forward by friendly states and accepted by ECOSOC.

A great deal needs be done with regard to educating our people on this issue, and to form a process for decisions on the 8 Indigenous regions and their representation, which may prove to be very contentious. We should do all that is possible to preserve the unity that has served us so well with the States.

It is extremely important that all future international Indigenous gatherings, such as the Intersessional on the Proposed Declaration, the Commission on Human Rights, the Working Group and the Regional meetings on the World Conference on Racism, devote some time to these discussions, and allow our people to discuss, decide and follow through on selecting their representatives.

All Indigenous delegations to these gatherings should be prepared to initiate and participate in regional discussions on the Permanent Forum, the makeup of Indigenous regions and regional selection process. The Permanent Forum is now a reality, for better or for worse. We should all try to be very flexible with regard to the regional selection process and the regions.

Review of developments: "Indigenous children and youth" (Item 4)

UNICEF is calling for special attention to be paid to indigenous children’s right to appropriate education and health care. The principle of non-discrimination contained in the Convention on the Rights of the Child (CRC) has far-reaching implications. Education should be inclusive in terms of access and advancement, and bilingual and intercultural for indigenous children. The conditions of children in detention fail to meet CRC standards. In many countries, indigenous children are at great risk of abuse and exploitation and have less access to health systems. UNICEF supports programmes designed to promote disparity and poverty reduction, reaching ethnic minorities and indigenous groups, and encourages the participation of children and young people.

A number of recent ILO activities have focused on indigenous and tribal children, including the Convention on the Worst Forms of Child Labour (No. 182) adopted in 1999.

The World Bank stresses the importance of (1) incorporating indigenous youth and children into the design and implementation of human development programmes, especially in the area of education (bilingual and intercultural), health and social protection, to enhance indigenous cultural heritage, reduce poverty and minimize social exclusion; (2) access to justice; (3) achieving the goal of a world free of poverty; (4) the Permanent Forum for matters of economic and social policy.

IITC, on behalf of the Indigenous Caucus, present a statement of support of the First International Workshop on Indigenous Children and Youth (19-21 July 2000) calling for the continuation of this workshop prior to the annual meeting of the WGIP and for the establishment of a Workshop Coordinating Committee, as well as for the adoption of the Draft Declaration on the Rights of IPs in its current text and the establishment of a Permanent Forum for IPs. In a joint statement, the Indigenous Youth support the Indigenous Caucus’ statement, in particular the recommendation calling for full participation of indigenous youth at all levels. CIH recommend that the issue of indigenous children and youth be given the highest priority it deserves in every sphere of their activities and concerns. They are concerned with the large number of conflicts in the world today and their wide impact on children and youth.

North America

IOIRD/MCT6/WIN/AFN support the resolutions passed by both the First Workshop and the Indigenous Caucus. Express concern about the future needs of the youth (65% of their members).

MNA say that it is the collective responsibility of governments and indigenous communities to recognize the fundamental principles that impact on their children’s health. Factors including environmental degradation and pollution must be addressed. Health care systems must be accessible, and educational programmes for indigenous health professions must be implemented as a priority.

CIWRI point out that the Aboriginal population in Canada is much younger than the non-Aboriginal population. The Canadian government should provide for programmes that aid their elders, re-establish their traditional languages and ways of life, and encourage self-empowerment and equal opportunity for their youth and children.

SLFN say that federal Indian acts and provincial child and family services legislation have often destroyed their families and homes. Children were forcibly taken from their homes and placed in boarding schools where they were forbidden to speak their language. Still today they remain in the grip of such laws and minimum services by the government. Youth are faced with poverty, substance abuse, unemployment and violence.

IA say that indigenous children and youth are greatly discriminated in the Canadian education system. Indigenous schools are under-funded by the federal government forcing children into provincial schools that do not teach them their language and culture.

MGC refer to the Mi’Kmaq National District of Epekwitk, whose youth cannot take part in Federal Government Youth training programmes (a national programme).

TO say that Dakota people must not only learn the natural laws of the Dakota but also international human rights law in order to preserve their way of life. Urge the WGIP to support the participation of young IPs in the WG and in the future Permanent Forum.

ICN say that the Mushuau Innu suffer from the highest suicide rate in the world. Development projects on Innu land continue although the question of land ownership is not settled.

IITC address the devastating impacts of toxic contamination by industrial waste, pesticides and mercury on the health of their children, youth and future generations. The proliferation of Persistent Organic Pollutants (POPs) in the atmosphere and ecosystems presents a particularly critical threat to IPs, whose cultures are based on fishing, gathering and traditional farming throughout the world.

IPNC say that Chief Marie Smith-Jones is an example of cultural genocide as she is the last living full blood Eyak speaker of her language. Because of the Alaska Native Claims Settlement Act today’s children and youth face the unilateral termination of their traditional hunting and fishing rights and freely informed choice of self-determination. Indigenous juveniles suffer from high rate of incarceration, suicide, drug and alcohol abuse.

LSOR report on the relationship between the Italian government and the Lakota Sioux Nation. Since 1994, 27 protocols of friendship have been signed between the two nations. A programme of youth exchanges and a health programme have been initiated. The Italian government has also opposed the exploitation of 200.000 acres of Lakota land.

Central and South America

On behalf of the young indigenous representatives of Central America, MJK present the recommendations they made at the IITC international conference held in Guatemala in July 2000 with regards to educational policies, poverty, marginalization, racism, and armed conflicts. PMIKK say that the decade of the 1990s has seen the emergence of specific rights, such as IPs, women and children’s rights. Their main concern is how to establish mechanisms to implement these rights in each country. Point out the importance of direct indigenous participation at all levels of governmental bodies.

IMTA say that poverty, debt and exploitation of child labour is the outcome of structural adjustment programmes imposed by the IMF. Rich countries’ egoism and inconsistent policies to eradicate poverty strongly impact on the most vulnerable sector, the indigenous children and youth, who die of diseases caused by contamination of air and water, severe malnutrition.

COTU say that children are in the centre of Maya social organization. Indigenous initiatives do not receive sufficient support by the international community. If an indigenous organization working for genuine development also claims the right to identity or participation in a country’s politics, it loses its legitimacy before those who claim to cooperate with IPs. OTM say that the situation in Guatemala has had many social impacts on Maya children. They are in favour of development as actors in order to avoid social crimes such as marginalization, murder, torture, and persecution. International promises are not followed by action.

CCCA say that IPs of the Atlantic Coast of Nicaragua are isolated, abandoned and marginalized by the State. The infant mortality rate is high and children have no access to health and education.

OPIAC say that education must be designed in the context of the struggle against racial discrimination, exploitation, extreme poverty, and lack of participation in political structures. The situation of violence in Colombia has serious impacts on the children and youth of their communities (also HH). HH say that children are the most exposed to the exploitation of their territories. The IPs are threatened with extinction. Indigenous communities must be strengthened, and their cultural and territorial autonomy respected. CIT say that loss of territories means loss of customs, loss of life and the training of children is at risk, which threatens the continuity of indigenous identities. It is urgent to avoid land dispossession, political and religious proselytism, and the involvement of IPs in internal conflicts of countries. EC say that their indigenous children and youth need schools, jobs, health centres, housing, and a stadium.

CAPAJ request that UNESCO carry out programmes to enable IPs’ prior and informed participation in the processes of design of new policies for sustainable development. ICP say that in the Andes the communities are responsible for the training of children. They are against the evangelization of children. CEA-CISA refer to peasants’ children who have no access to school in remote Bolivian highlands (also CONAMAQ-B, THOA). In Colombia, Peru, Bolivia, children work in mines. CISA say that Indians are losing their identity. In South America the forcible integration of IPs by Christian religious groups is supported by the State. CONAMAQ-B say that in Bolivia, indigenous youth are deprived of their rights: forced labour, compulsory military service, compulsory baptism certificate for high school and university. THOA say that education is inaccessible for indigenous children and youth in Bolivia (also OMAK) because of poverty, marginalization and discrimination. The infant mortality rate is high (also MRTKL) and there is no access to health. The future of their children depends on the recognition of their rights. OMAK say that youth are forced to migrate illegally to Argentina, where they are exploited (also MRTKL). MRTKL refer to the situation in Bolivia: poverty, poor housing, basic services, education and health. The situation is even worse in rural areas (90% of the population, mainly indigenous). 50% indigenous women are illiterate. Youth are faced with unemployment and delinquency. Poverty is due to internal colonialism, and now globalization.

MIC say that Mapuche children and youth, in the area of education, are faced with lack of resources, no equal opportunity, especially in rural areas. Students who protest against their situation in cities are persecuted. Mapuche communities, including children, are faced with police brutality. There are about 100 Mapuche political prisoners. Mapuche communities, whose rights are systematically violated, are in conflict with logging companies. CNP point out the discrimination against indigenous children and youth by Chilean society, which denies indigenous cultural values, even in the current educational system. Indigenous students are in jail for being involved in land claims.

ITC say that modernity, religions, churches, schools, hunger and war enter their communities in Brazil. Indigenous youth are losing their language, culture and identity. Modernity must listen to the indigenous voice. GTME refer to the indigenous commemoration of the 500 years of Brazil in Bahia. Youth want land titles, health, access to education, and an indigenous university. They want to write their own history.

Russia

MCTP say that all IPs are faced with the challenge to preserve their ethnic and spiritual identity and intensify their self-development. They must prevent the assimilation of the next generations by including traditional education into the official educational system. Their point of view about history must also be included. ACKK say that the Crimean Karaites’ society of former USSR was destroyed. They have no schools to educate their children according to their own traditions.

APK say that children and youth are faced with alcohol and drugs (also RAIPON), diseases increase, suicides, infant mortality, and have no access to medical care (also INIP, UYIP). They are faced with socio-economic problems and environmental degradation. 50% of drinkable water resources of Russia come from Altay glaciers. YOGA say that youth are in a desperate situation due to a difficult access to education and of lack of future perspectives (also ADSR, INIP, RAIPON). They need support from the government. ADSR say that there is no education in the Dolgan language in the school system. Youth who practise traditional activities and students are enlisted in the armed forces. Many need a psychological rehabilitation afterwards. INIP say that up to 70% of indigenous youth are unemployed. Traditional activities have decreased (also RAIPON). The State should protect families as a traditional institution responsible for the children’s education. UYIP represent 25 IPs of the Russian Federation and aim at developing their own solutions to their problems.

RAIPON say that State youth policy does not take indigenous youth into account. The association is implementing youth policies.

Africa

IPACC, representing 86 African IPs organizations, report on their common problems, and particularly on the ongoing extinction of the languages and cultures of the nomadic, semi-nomadic and hunter-gatherer peoples, marginalized since colonial times. Beside the fact that poor socio-economic and health conditions are deeply handicapping indigenous children and youth, the national education systems, when available and affordable for the IPs, convey the dominant culture, thereby depreciating or ignoring them, discriminate against indigenous children and youth, the predictable result being school failure, disorientation and no respect for anything including themselves and their own people. But, as the future of the IPs, they need proper education to later defend their rights as IPs. Relative newcomers in the WGIP, African IPs need all assistance in their struggle for rights to proper identity, as a first step to obtain better living and health conditions, and eventually participation in the design and implementation of relevant educational systems for their children.

Land, health and education issues are deeply interwoven in terms of IPs survival (WIMSA). Having lost their lands, IPs lost their means of subsistence, their health, and eventually their identity. The land issue is particularly acute for both nomadic and hunter-gatherer peoples, discriminated by the dominant sedentary societies and institutions. More specifically, MBOSCUDA for the pastoral Mbororo, Cameroon, report on the agro-pastoralist conflicts they suffer; MPC, Tanzania, Dupoto e Maa (Maasailand in Kajiado District) and Laikipia Maasai, Kenya, report on continuing losses of their lands qualified as "no man's lands" by colonial and post-colonial States and taken away without any form of compensation for large scale agricultural development and now game reserves. Recently, evicted IPs have been driven into areas with livestock diseases where many cattle died (MPC); threatened with eviction from their highland forest lands and relocation in a hostile environment, the Ogiek people, Kenya, are resisting in more than ten pending court cases and have asked for official recognition as IPs together with other hunter-gatherer peoples such as the Sengwer, Mosopiek and Watta peoples; most lands of the Hadzabe people, Tanzania, have been taken by agricultural and pastoralist peoples: Kenya and Tanzania are urged to amend their land policies and to take action to provide IPs with education and health care; deforestation deprived the Batwa from their lands in Central Africa and the Great Lakes area as reported by UNIPROBA, who denounce along with CAURWA the devastating effect of civil wars and armed conflicts on Batwa children and youth enrolled by force into armed groups. They call on the international community to act for the development and education of Batwa IPs; the Bambuti-Batwa, DR Congo, also complain about civil war effects on their youth, and about pressures by the landowners; WIMSA report on lands lost to the benefit of cattle ranching and tourism; forced into exile in Mauritius by the colonial British authorities in 1971, the ex-inhabitants of the Chagos Islands lost their resources (CSSC).

The general context of poverty IPs suffer due to loss of lands and resources has induced malnutrition and health troubles. Without any lasting access to medicinal plants or modern health care, too expensive when available, this results in high mortality rates, especially for infants, mothers (for the Amazigh IP, Tamaynut in Morocco and Tigmi in Algeria, Dupoto e Maa, MPC, UNIPROBA, CAURWA, WIMSA, GNCSA, Bambuti IP, TOMWO, Kenya), and girls owing to excision practices (Laikipia Maasai).

In our present world, education is a top priority since IPs need it, not only as a key to escape poverty but to assert their rights as IPs with valuable cultures (Hadzabe IPs, Bambuti IPs, Dupoto e Maa, GNCSA). Beside the general complaints about the cost of schooling, various failures and inadequacies of educational systems, responsible for the high level of illiteracy among IPs, are emphasized:

• Lack of school facilities in remote and/or poor areas (Tamaynut, Tigmi) and for nomadic peoples (MBOSCUDA, Laikipia Maasai, Dupoto e Maa, Hadzabe IPs, Sengwer IPs, Ogiek IPs, TIN HINAN for the Touareg in Sahel-Sahara countries), implying dramatic separations of children from their families and cutting them off from cultural guidance. In addition, IPs children are discriminated and abused by teachers and other children.

• Teaching in an often completely foreign language and textbook contents, which discredit, stigmatize or even ignore IPs cultures, environment and history (Tamaynut, Tigmi, RBC for the Namibian Afrikaans-speakers). Coerced into adopting the dominant culture, whether they succeed or not at school, children having learnt that their community and knowledge are inferior and useless are disoriented and acculturated (UNIPROBA, WIMSA, Hadzabe IPs, Sengwer IPs, Ogiek IPs, GNCSA). Hadzabe IPs ask for nomadic schools and real support to pursue education further.

• Scant access to secondary studies and training centres (Dupoto e Maa, Namibian IPs), always implying for IPs children to be sent far away. For instance, most of the San children are obliged to live in miserable "hostels", exposed to discrimination, health problems, sexual exploitation and HIV infection (WIMSA). Therefore, they leave school without completing their education, as reported by the San People of the Nyae Nyae Conservancy, Namibia, having succeeded in operating Ju/hoansi language primary schools, but unable to afford any high schools.

Then, the lack of local facilities complicate the return of young graduates to their home region and their participation to its development (TIN HINAN). It was also noted that indigenous girls are put at disadvantage regarding access to education, in particular when a separation from their family is required (TIN HINAN, Laikipia Maasai, Tamaynut, Tigmi).

Insufficient local resources push IP youth towards urban areas where they encounter misery and exploitation. Their poor level of education and qualification drags them into the spiral of unemployment-delinquency (Tamaynut, Tigmi, UNIPROBA, CAURWA) -alcohol and drug addiction-prostitution-AIDS (MBOSCUDA, Laikipia Maasai, Dupoto e Maa, NFIPFN, TOMWO, GNCSA, CSSC). Concerns are expressed about a potentially fast spreading of the HIV over IPs homelands, due to cultural factors (MPC). Tigmi express concern about the rise of the youth suicide rate.

MBOSCUDA ask for support to monitor their nomadic-sedentary transition, to afford children schooling and modern herd-raising training for the youth.

Bambuti IPs ask DR Congo and UN agencies to include their youth in their health and educational programmes and to help with their integration and recognition by the dominant ethnic groups.

RBC, NFIPFN and Namibian IPs urge Namibia to apply all provisions on children rights prescribed in its Constitution, such as equal status and use of all spoken languages, educational diversity, obligation to attend school until the age of 16, free access to primary school and provisions regarding child labour, which are all far from being fulfilled.

Tamaynut and Tigmi Kabylie report on the prohibition to give their children native names and on the exclusive use of Arabic and foreign languages by mass-media and cultural programmes. Morocco is asked to recognize the Tamazight language, to comply with the Convention on the Rights of the Child and to ratify ILO Convention169.

Asia-Pacific

In a joint statement Asian IPs welcome the focus on children and youth and recommend that the WG: adopt the "First Call to Indigenous Children and Youth"; promote it in the forthcoming World Conference against Racism (WCAR); promote access to an education in one's mother tongue everywhere, which is adapted to every culture without denigrating it; address health issues and first preventable diseases, as well as HIV/AIDS and other spreading STD; encourage the international community to intervene to end the long-term internal conflicts in South, South-East and Middle Asia, which deeply affect IPs whether they are directly involved or not, and address immediately their impacts on indigenous children and youth; and promote effective implementation of existing treaties, agreements and conventions.

KLH and NKIKLH express great concern for the problems facing Indigenous Hawaiian children in the areas of health, education, poverty, drug abuse and loss of identity. They have the highest rates of suicide, homelessness, drop outs from high school, unemployment, and incarceration (also PONO). KLH say that indigenous children under the jurisdiction of the State of Hawaii’s Child Protective Services System are being adopted by non-Hawaiian families. Call upon the US to include Indigenous Hawaiian children and youth in all federal legislative measures relating to Native American and Alaska Native children (the Indian Children Welfare Act requires that native children who are removed from their homes be placed within indigenous families –NKIKLH). Hawaiian Language Immersion school programmes lack teachers and resources. Very few Hawaiian indigenous children can go to university. Only the return of ancestral lands and the restoration of their Nation may solve these tragic problems. PONO say that they are marginalized for historical reasons.

KIHSU say that land issues are related to the health and well-being of their people, specifically their children. They need their land for the cultivation of their traditional food. Education is important to improve the health and standard of living. Instruction in Hawaiian language has been very positive (also KLH).

ATSICJC say that Aboriginal people, whose majority are young, are disadvantaged when compared with the rest of the Australian population. Inequalities must be reduced now to prevent further disparity (unemployment, housing stress, no access to higher education, imprisonment). Australia must implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody and of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families.

While Australia is one of the world's richest countries and has just celebrated its centenary as a democracy, denial of basic rights for indigenous children and youth is still going on. The infant, child and maternal mortality rate is much higher among IPs than among the white population, and so is the suicide rate among indigenous youth (AIDA, SUAPA). FAIRA ask for the abolishment of the mandatory sentencing system, suspected to be unconstitutional (NAILSS), which denies fair trial rights in Western Australia and the Northern Territory. Recognition of and reparation for the past sufferings such as removal of indigenous children from their families (AIDA), would be a first gesture say NAILSS, submitting a proposal for tracing and reuniting indigenous families. SUAPA point out the ineffectiveness of an international Treaty Convention, if it fails to be incorporated into the domestic law, and expressed serious doubts on IPs chances to obtain real outcomes from such meetings and institutions, given the days lost by the UNWGIP to agree on a chair. They urge all IPs to discuss how to achieve their common aims instead of helping the UN to write reports and recommendations.

ANI report on the creation of a Youth Advisory Council by the State, providing children with a mechanism to participate in the design of their future but expressed concerns about an inquiry initiated by Australia, aimed at changing the local immigration legislation and raising a threat of annexation by occupation without regard to the local culture and environment.

MLS, Aotearoa, comment on a report requested by the New Zealand government on social and economic gaps between Maori and non-Maori, underlining the excessive rate of unemployment among their youth, responsible for delinquency and the highest suicide rate in OECD countries. Instead of recognizing these outcomes of colonization and addressing its Treaty obligations, the government has responded by withdrawing funds for economic and social issues and has criticized the Waitangi tribunal which receives Maori claims.

A sad report on indigenous children mortality, child labour, illiteracy, in particular for girls, in India is presented by St. John's Mission, Bijni, the numbers being worse in Assam State. CORE, for the IPs of Manipur and the North East region, India, submitted an alternative report to that of the State regarding the implementation of the Convention on the Rights of the Child. Situations of armed conflict for the last 50 years with undeclared states of emergency in some areas have coloured the whole range of support available to children: scant attention is paid to IPs due to assimilatory policies, resulting in an absence of basic health care, child labour and sexual exploitation. The specialized agency (UNICEF, UNAIDS) programmes, held by consultants not aware of the situation, are not effective, while indigenous organizations with appropriate skills are denied support to conduct or implement programmes. In Assam State, the Bodo-Mongolian IPs, numbering 4 million and suffering from discrimination, irrelevant educational system, poverty, sheltering in refugee camps, poor health with the highest infant mortality rate in India are calling since 1987 for the creation of their own state of Bodoland, as allowed by the Indian Constitution (UBNLF, IMYF, RECS). Conflicts between Bodo militants and governmental forces, ethnic conflicts, communal riots and their subsequent atrocities which affect first children and youth, are the first problems to be addressed (TWS). A number of organizations are fighting for the Adivasi to be included in the list of Schedule Tribes and get constitutional rights. They are lagging behind in all aspects, such as health status and illiteracy - 95% of the 6 million Adivasi in Assam State, where they are known as Tea Tribes, having immigrated 200 years ago to work in tea plantations. In "tea gardens", children work for low wages and their education is left to the goodwill of the management. Schools in their mother tongue, free medical facilities, employment for youth and full implementation of the articles adopted by the UNWG regarding children’s rights are requested (ASECA). AAAKM report on forced displacements Adivasi IPs endure due to so-called development or sanitary projects and also about discrimination in obtaining public jobs despite existing quota provisions, which has generated frustration among educated tribal youth.

At the expiration of a three year cease-fire, failure to establish a real political process of dialogue is patent, report NPMHR, calling for greater political will and sincerity from all parties and appealing for people's participation to a durable peace negotiation, as a first priority towards repairing 50 years conflict damages and the destruction to a large extent of the Naga society.

In spite of the 1997 Chittagong Hill Tracts-CHT agreement between Bangladesh and PCJSS, most of the Jumma refugees back home have not been rehabilitated and thousands of families were not given their land back, which was taken by the army or Bengali settlers, while the situation of the internally displaced Jumma remains unchanged (PCJSS, CHT Hill Student's Council); a thousand cases against youth are still pending in court; a so-called "pacification programme" led by the military has encouraged Jumma youth into alcoholic/drug addiction, leading them to criminality, or has used them to oppose violently the CHT agreement; inadequacy of schools when they exist, teaching in Bengali, discrediting of indigenous culture and history, discrimination for university recruitment and employment were denounced. In addition, BIPO denounce the lack of health centres and their decay together with the implementation of a family programme binding health visitors to practice ligature and vasectomy at rates double than elsewhere. Urgent and proper implementation of all provisions of the CHT Agreement is asked.

CHRO denounce the exploitation of IPs by the Burmese military regime. All colleges and universities are closed since 1996 except for the very selective military ones. Mon and Chin IP-owned schools and schools held by social or religious organizations have been forced to close down while official schools practice unaffordable tuition fees and Burmese propaganda.

A legacy of colonialism, the Zo IP are dispersed among India, Burma and Bangladesh and are now known under a variety of names. ZRO want to develop a common national identity to counterbalance assimilation policies and discrimination, which lead numerous youth to drug abuses and trafficking, and asked UN and NGOs to help with the local governments.

CPA, Philippines, report on the poverty, deplorable sanitary and health situation, children mortality, child labour -underpaid- and prostitution increases among IPs. They denounce the lack of educational facilities, high cost of schooling, IPs descriptions in textbooks, which are responsible for the high illiteracy level (also WCC) and push indigenous youth into anti-social activities. Only 10% of the state budget is allocated to social services, including education and health. To avoid discrimination and underemployment, indigenous students dissimulate their origin while university and college courses are designed for foreign demands and not local needs (CPA, WCC). The cultural renewal programme of the CPA Youth Center has gained strength last year, but more actions by the international community are needed.

Victims of ethnic, religious, cultural and linguistic persecution and genocide, half of the 4 million Assyrian people have been forced into exile and are now dispersed among 35 countries, while those remaining in Iraq are deprived of all human rights (AUA). They suggest that the WG propose special recognition of the indigenous refugees outside their lands, that the Draft Declaration provide for the respect of the rights on their ancestral territories for indigenous refugees and descendants, and that, meanwhile, the host States assist in the maintenance of indigenous refugees’ cultures.

Australia will continue to work with state and territory governments to minimise the exposure of juveniles to the criminal justice system. To address the causes underpinning the over-representation of indigenous youth in detention is a priority. Refer to indigenous specific programmes addressing the social and economic disadvantages of IPs.

In view of the negative indicators (no higher education, higher rates of imprisonment and unemployment, lower life expectancy), New Zealand say that much is to be done for Maori children and plans to develop an agenda for children’s policy and research to identify key issues. Wants to develop capacity-building within Maori communities.

Canada has been developing a National Children’s Agenda with the participation of the five national Aboriginal organizations. Aboriginal children face greater risk than non-Aboriginal children and need special attention (cf. Gathering strength: Canada’s Aboriginal Action Plan). The Aboriginal population is growing at twice the rate of the Canadian population as a whole. Their training and participation in the workforce will be the key to the future economy.

Chile says that three aspects must be addressed at the international level: (1) design ad hoc policies and programmes specific to cultural identity which requires families and communities’ participation; (2) strengthen cultural identity and educational development to avoid social marginalization. Bilingual intercultural education is one of the tools to overcome discrimination and poverty; (3) strengthen participation of indigenous children and youth. The government has implemented programmes for indigenous kindergartens, intercultural education, indigenous grants, purchase of land for indigenous youth.

Spain refers to multicultural education or education from surrounding global society to perpetuate one’s own culture "in order to perfect oneself and go back home".

Switzerland says that integration should not mean assimilation. Indigenous children should know their people’s traditions and their rights as children and as IPs. It is a challenge to preserve indigenous rights in the area of labour and guarantee a professional training corresponding to indigenous traditions and economic realities. The future Permanent Forum should address these issues, also that of children in armed conflicts.

Sources : written statements

Resolutions and decisions concerning indigenous peoples

The full text is contained in document E/CN.4/Sub.2/2000/L.11 and add. 1

Working Group on Indigenous Populations –Res. 2000/14

The Sub-Commission: (1) Recommends that the OHCHR organize, in cooperation with indigenous organizations, UNICEF, the Committee on the Rights of the Child, Governments and relevant NGOs, a further workshop on indigenous children and youth; (2) Also recommends that the Working Group at its 19th session adopt as the principal theme "Indigenous peoples and their right to development"; (3) Further recommends that Ms. Erica-Irene Daes prepare a second working paper on IPs and racism and racial discrimination for consideration at the second session of the Preparatory Committee for the World Conference against Racism to be held in May 2001; (4) Requests Mr. Miguel Alfonso-Martínez to submit to the Working Group at its 19th session the working paper on possible principles and guidelines for private sector energy and mining concerns that may affect indigenous (cf. res. 1998/23; (5) Calls upon the organizers of the World Conference to ensure that a mechanism exists for the full and active participation of representatives of indigenous peoples in all preparatory meetings as well as the World Conference itself; (6) Recommends that the organizers of the World Conference invite indigenous representatives to address its plenary session; (7) Also recommends that the OHCHR organize a parallel activity on indigenous issues during the World Conference and that funds be set aside for this purpose as well as for the participation of indigenous peoples at the Conference; (8) Further recommends that a chapter in both the declaration and the programme of action of the World Conference be dedicated to indigenous peoples and that the World Conference recognize that indigenous peoples, when referred to collectively, are "peoples"; (9) Requests the CHR to consider the usefulness of appointing a special rapporteur on indigenous issues; (10) Recommends that the CHR endorse the Sub-Commission's request that the ECOSOC authorize the WGIP to meet for five working days prior to the 53rd session of the Sub-Commission in 2001. (11) Recommends that the CHR decide to recommend that the ECOSOC authorize the former Chairperson-Rapporteur of the Working Group, Ms. Erica-Irene Daes, to continue to participate in all meetings in preparation for the World Conference against Racism and in the World Conference itself, and to authorize the Chairperson-Rapporteur of the 18th session of the Working Group, Mr. Miguel Alfonso Martínez, to participate in the World Conference and in the preparatory meeting for the Latin American region, to be held in Santiago in December 2000.

International Decade of the World's Indigenous People –Res. 2000/15

The Sub-Commission: (1) Recommends that the Coordinator for the Decade hold, preferably before the end of 2000, a special fund­raising meeting with the permanent missions in Geneva of interested Governments and the members of the Advisory Group for the Voluntary Fund for the Decade to encourage financial contributions to the Voluntary Fund for the Decade and the United Nations Voluntary Fund for Indigenous Populations, as well as the appointment of qualified staff, including indigenous persons, from within the regular budget of the United Nations; (2) Strongly recommends that the draft UN declaration on the rights of indigenous peoples be adopted not later than the end of the International Decade in 2003 and, to this end, appeals to all participants in the inter­sessional working group of the CHR to put into practice new, more dynamic ways and means of consultation and consensus-building; (3) Notes the view expressed by many indigenous participants during its 52nd session and during the 18th session of the WGIP that the establishment of the Permanent Forum should not necessarily be construed as grounds for the abolition of the WGIP; (4) Recommends that the HCHR organize a seminar on treaties, agreements and other legal instruments between States and indigenous peoples, to discuss possible follow-up to the study completed by the Special Rapporteur, Mr. Miguel Alfonso Martínez, and to explore ways and means of implementing the recommendations included in his final report (E/CN.4/Sub.2/1999/20); (5) Also recommends that the High Commissioner organize, not later than the end of 2002, in collaboration with the UNCTAD, ILO and WTO, a workshop on IPs, private sector natural resource, energy and mining companies and human rights in order to contribute to the ongoing work of the sessional working group on the working methods and activities of transnational corporations; (6) Further recommends that the HCHR take the necessary action in order to promote the establishment, within the Office of Legal Affairs of the Secretariat, of a database on national legislation on matters of relevance to IPs, as well as a compilation of treaties and agreements between States and IPs; (7) Invites the CHR to recommend that the ECOSOC authorize the convening of an international conference on indigenous issues during the last year of the International Decade of the World's IPs (2003) with a view to evaluating the Decade and considering future national and international policies and programmes.

World Conference against Racism –Res. 2000/3

The Sub­Commission: (1) Suggests that the World Conference focus, inter alia, on policies to be implemented to promote and protect the rights of indigenous peoples, and on racism, racial discrimination and other forms of intolerance, including discrimination and intolerance against indigenous peoples, within criminal justice systems;

Intellectual property rights and human rights –Res. 2000/7

The Sub­Commission: (1) Declares that since the implementation of the TRIPS Agreement does not adequately reflect the fundamental nature and indivisibility of all human rights, including the right of everyone to enjoy the benefits of scientific progress and its applications, the right to health, the right to food, and the right to self-determination, there are apparent conflicts between the intellectual property rights regime embodied in the TRIPS Agreement, on the one hand, and international human rights law, on the other; (2) Requests the WTO, in general, and the Council on TRIPS during its ongoing review of the TRIPS Agreement, in particular, to take fully into account the existing State obligations under international human rights instruments; (3) Requests the Special Rapporteurs on globalization and its impact on the full enjoyment of human rights to include consideration of the human rights impact of the implementation of the TRIPS Agreement in their next report; (4) Requests the UNHCHR to undertake an analysis of the human rights impacts of the TRIPS Agreement; (5) Recommends to the WIPO, WHO, UNDP, UNCTAD and UNEP that they continue and deepen their analysis of the impacts of the TRIPS Agreement, including a consideration of its human rights implications; (6) Commends the Conference of Parties to the Convention on Biological Diversity for its decision to assess the relationship between biodiversity concerns and intellectual property rights, in general, and between the CDB and TRIPS, in particular, and urges it also to consider human rights principles and instruments in undertaking this assessment.

Draft principles and guidelines for the protection of the heritage of indigenous peoples –Dec. 2000/107

The Sub-Commission welcomed the organization and the report (E/CN.4/Sub.2/2000/26) of the seminar on the draft principles and guidelines for the protection of the heritage of indigenous people and decided to transmit the revised draft principles and guidelines to the CHR for its action.

Update to the final working paper on indigenous peoples and their relationship to land –Dec. 2000/108

The Sub-Commission decided to request the Special Rapporteur to update her final working paper on indigenous peoples and their relationship to land and to submit her updated final working paper to the Sub-Commission at its 53rd session.

The Working Group of the Commission on the Draft Declaration on the Rights of Indigenous Peoples, 6th session, will take place from 20 November to 1 December 2000. A preparatory meeting will be held on 18-19 November at the World Council of Churches.

The "International Conference on Conflict Resolution, Peace-Building, Sustainable Development and Indigenous Peoples" to be held in Manila, Philippines has been postponed until after the Working Group on the Draft Declaration, from 6 – 8 December 2000.