Since the last session of the Commission on Human Rights, delegations of indigenous peoples have been extremely active on the international stage. The setting up of the Permanent Forum led to national and regional meetings as well as numerous e-mail-consultations and telephone conferences. The considerable logistical difficulties - caused by the great geographical distances between the eight regions defined by their Caucuses - did not prevent indigenous peoples from appointing their experts according to their own procedures. The countries, for their part, in voting by consensus for the draft decision put forward by Denmark during the substantive session of ECOSOC in 2001, proposed a regional division different to that of the indigenous peoples, and which actually conforms to the traditional UN model. To this have been added three rotating seats, to be filled according to an ad hoc procedure.
The second and third preparatory conferences for the World Conference Against Racism led to the development of a common position to be promoted at three distinct levels - the Working Group responsible for drafting the declaration at the World Conference, that dedicated to its Plan of Action and finally a group responsible for dialogue with governments. We publish in this issue four texts endorsed by the Indigenous Peoples' Caucus while the paragraphs of the final documents concerning indigenous peoples will be published later as the final version is still unedited.
Two additional meetings of importance took place in Paris and Bonn. In the French capital, UNESCO, in collaboration with the National Center for Scientific Research (France), organized a Book Fair and Symposium under the joint title 'Indigenous Identities: Oral, Written Expressions and New Technologies '. Excellent presentations, using multimedia techniques, song or the spoken word) were given by both indigenous and non-indigenous researchers and artists, in order to provide a clearer picture of the multiple aspects of the 'saving, transmission and transfer of indigenous cultures'. All indigenous participants addressed a resolution to the Director General of the organization, proposing notably the establishment of a formal dialogue between their peoples and UNESCO.
Finally, the Third Forum of Indigenous Peoples and of Local Communities on Climate Change was held in Bonn on the 14th and 15th of July, 2001. It too led to a strong statement by the peoples and communities concerned, reaffirming the sacred nature of Mother Earth and denouncing the fact that neither the Convention or the Kyoto Protocol recognize their existence or their past, present and future contribution to maintaining the climatic stability crucial for their future - and that of the whole world.
When we add to all of these events the 18th session of the Working Group on Indigenous Peoples (WGIP) and the 53rd session of the Sub-Commission for the Promotion and Protection of Human Rights, we have an idea of the enormous amount of work that indigenous delegations have had to carry out during these last four months. To support them, doCip prolonged its technical secretariat at the Palais des Nations in Geneva by 15 days, albeit with the help of a smaller team than that used during the WGIP. The Working Group's session was marked by the departure of its Chairperson since 1984, Madame Erica Irene Daes, to whom a warm and moving tribute was paid, recalling the energy and efficiency as well as the open-mindedness and independence of spirit which this woman - aptly named by indigenous peoples as the 'mother of indigenous peoples' - has always shown during so many years.
In this double issue the emphasis is on the processes involved in establishing the Permanent Forum and statements made by indigenous peoples at other conferences. We hope that we will be forgiven for not publishing the reports of the WGIP and the Sub-Commission until the next issue, given the large number of events we have to cover.
The first annual session of the Permanent Forum (PF) will be held from 6 to 17 May 2002 at UN headquarters in New York. By December 15th, the President of ECOSOC will announce the names of the government and indigenous experts whose election and appointment should be held on the basis of the proposals made according to the respective regional groups.
We publish below the main documents informing on the process leading to the establishment of the new Forum. Some of them focus entirely on this issue and are fully reproduced, while others deal with different topics and only the part concerning the PF is published. All of them are available at doCip in the original language.
The Economic and Social Council, recalling its resolution 2000/22 of 28 July, in which it established the Permanent Forum on Indigenous Issues, decides:
We, the Indigenous Peoples of all the regions of the World - Arctic/Europe, Africa, Asia, North America, Central/South America and Caribbean, Pacific, Former USSR and Eastern Europe - attending the Indigenous Peoples' Millennium Conference in Panama City on 7-11 May 2001:
Welcome the establishment of the Permanent Forum on Indigenous Issues as a subsidiary body of the Economic and Social Council (ECOSOC);
Endorse the Regional Division adopted by the Indigenous Caucus in Geneva on Sunday, 26 November 2000 during the 6th Session of the Open Ended Inter-Sessional Working Group on the Draft United Nations Declaration on the Rights of Indigenous Peoples, for the nomination of indigenous members of the Permanent Forum;
Recall the United Nations resolution on the Permanent Forum on Indigenous Issues with regard to the nomination of indigenous members "on the basis of broad consultations with indigenous organisations taking into account the diversity and geographical distribution of the indigenous people of the world as well as the principles of transparency, representivity and equal opportunity for all indigenous people, including internal processes, when appropriate, and local indigenous consultation processes";
Acknowledge the consultations held in Panama on 16-17 February 2001, in Australia on 17 February 2001, in Bolivia on 13-15 March 2001, in Ecuador on 3-4 May 2001 and in Russia on 12-13 April 2001 for the nomination of indigenous members;
Reaffirm that different forms of regional consultations being organised by indigenous peoples for the nomination of indigenous members is the best process "to ensure broad consultation with indigenous organisations" as enshrined in the resolution on the Permanent Forum on Indigenous Issues;
Mindful of the mandate of the Permanent Forum, especially to "raise awareness and promote the integration and coordination of activities relating to indigenous issues within the United Nations system";
Stress that the lack of a Separate Secretariat for the Permanent Forum will seriously hamper fulfilling the mandate of the Permanent Forum;
Aware of the request of the United Nations Secretary General to the Office of the High Commissioner for Human Rights to take the role of the lead agency for the establishment of the Permanent Forum on Indigenous Issues;
Take note of the circular letter issued by the United Nations High Commissioner for Human Rights on 26 February 2001 to the indigenous peoples' organisations about the establishment of the Permanent Forum on Indigenous Issues and the extension of the date for nomination of indigenous members of the Permanent Forum;
Express serious concerns about the call of the High Commissioner for Human Rights through the circular letter of 26 February 2001 for nomination of indigenous members of the Permanent Forum by individual indigenous peoples' organisations;
Take into account the adverse implications of the circular letter of 26 February 2001 on the nomination of indigenous members;
Recognise that in the event of transmission of a large number of nominations of indigenous members by individual indigenous peoples' organisations without consultation with indigenous peoples' organisations from different countries of a region pursuant to the circular letter of the High Commissioner for Human Rights of 26 February 2001, will effectively deny the indigenous peoples the opportunity to nominate their own members;
Bearing in mind that in such an event as mentioned in the preceding paragraph, the Secretariat will effectively be nominating the indigenous members of the Permanent Forum.
Decide to inform the President of the Economic and Social Council in the proposed meeting with indigenous peoples representatives on 18 May 2001 in New York about the following consensus decision on the Regional Division adopted by the Indigenous Caucus in Geneva on Sunday, 26 November 2000 during the 6th Session of the Open Ended Inter-Sessional Working Group on the Draft United Nations Declaration on the Rights of Indigenous Peoples:
"The Indigenous Caucus agreed that eight indigenous representatives be selected from the following regions:
The Caucus also agreed that Central/South America and Caribbean will be the first region to hold the 8th seat."
Decide to request the President of the ECOSOC to ensure respect for "broad consultations with indigenous organizations" in the nomination of indigenous members of the Permanent Forum;
Decide to request indigenous peoples organisations to disseminate information about the Permanent Forum on Indigenous Issues including nomination process;
Also decide to encourage all indigenous peoples' organisation who wish to nominate indigenous candidates for the Permanent Forum, to do so in corresponding regions for wider consultation.
Decide to request the United Nations Secretary General to take measures for the early establishment of a Separate Secretariat of the Permanent Forum;
Also decide to request the UN Secretary General to ensure that preference be given to equally qualified indigenous peoples' candidates in the staffing of the Secretariat as a promotion of "the integration and coordination of activities relating to indigenous issues within the United Nations system."
Also decide to request member States, private donors, non-governmental organisations, individuals etc to contribute towards the establishment of a Separate Secretariat including staffing of the Secretariat by equally qualified indigenous candidates;
Further decide to request all Heads of United Nations Agencies to contribute towards the establishment of a Separate Secretariat for the Permanent Forum on Indigenous Issues;
Instruct the Organising Committee of the Indigenous Peoples' Millennium Conference to transmit the resolution of the Millennium Conference on the Permanent Forum on Indigenous Issues to the member States, United Nations Secretary General, President of the Economic and Social Council, High Commissioner for Human Rights and other Heads of United Nations Agencies.
We, the Arctic indigenous peoples representatives meeting in Geneva on 10 December 1998;
Bearing in mind the principles and objectives of the Charter of United Nations; to develop friendly relations among nations based on respect of the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
Recalling that the World Conference on Human Rights urged States to ensure the full and free participation of indigenous peoples in all aspects of society, in particular in matters of concern to them;
Recalling also the recommendation of the World Conference on Human Rights to the United Nations concerning the establishment of a permanent forum for indigenous people within the United Nations system;
Referring to Article 68 of the Charter of the United Nations, in which it is stated that the Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions;
Further recalling that the goal of the International Decade of the World's Indigenous Peoples is to strengthen international cooperation for the solution of problems faced by indigenous peoples in such areas as human rights, the environment, development, education and health, and that the theme of the Decade is "Indigenous Peoples: Partnership in Action";
Bearing in mind the review of the Secretary-General on the existing mechanisms, procedures and programmes within the United Nations concerning indigenous peoples, in which it is stated that there are no mechanisms to ensure regular exchange of information and views between governments, indigenous peoples and the United Nations system on an ongoing basis;
Emphasizing that the United Nations General Assembly in its resolution 50/157 has identified the establishment of the Permanent Forum before the end of the Decade as one of the main objectives of the Decade;
Supporting the declarations from the First and Second International Indigenous Peoples Conferences on the Establishment on a Permanent Forum for Indigenous Peoples within the United Nations system held in Temuco, Chile and Kuna Yala, Panama respectively, and the declaration from the First Indigenous Peoples Workshop on a Permanent Forum for Indigenous Peoples in the United Nations, held in Indore, India;
Call for the swift establishment of a high level Permanent Forum for indigenous peoples within the United Nations.
Mandate and terms of reference
Level
Membership
Participation
Experts
Finance
Secretariat
Geneva, 10 December 1998
Signed by:
Inuit Circumpolar Conference
Samson Cree Nation
Russian Association of the Indigenous Peoples of the North (RAIPON)
Ermineskin Cree Nation
Saami Council
International Organization of Indigenous Resource Development
Chukchi Council of Elders/L'auravetl'an
Montana Cree Nation
Louis Bull Cree Nation
We, the delegates to the IV Congress of the indigenous peoples of the North, Siberia and the Far East, representing 40 indigenous peoples of the Russian Federation with account to the presentations by the delegates and the participants of the Congress on the socio-economic situation and the legal status of our peoples,
On an alternative basis Mr Pavel Sulyandziga, RAIPON Vice-President has been elected a Candidate to the UN Permanent Forum on Indigenous Issues from the NIS region.
Moscow, 13 April 2001
As a result of a robust and transparent process, the members of the Pacific Region selection Committee, established by the Indigenous Caucus from Pacific countries, hereby nominate Ms Mililani B. Trask from Hawaii, as the Indigenous candidate for the Pacific Representative to the Permanent Forum for Indigenous Issues. Ms. Trask was nominated by the Protect Our Native Ohana (PONO) organisation of Hawaii.
Taking into account the limited resources available, the Selection Committee undertook a fair and robust process of consultations through email and telephone conferences.
The Committee distributed the selection criteria throughout the Pacific region and several nominations were received. The Committee has held 5 telephone conferences over the last 2 months.
In arriving at its decision, the Committee took into account a range of actors set out in the selection criteria. In addition, the Committee considered other issues, including the principles of equitable geographic distribution and gender balance.
Members of the Pacific Region Selection Committee:
Criteria:
18 July 2001
There are indigenous peoples from North America nominating Mr Wilton Littlechild (International Organization of Indigenous Resource Development, IOIRD).
Supported by:
Assembly of First Nations
American Indian Law Alliance and associated organizations
IOIRD/Four Nations of Hobbema
1. Role of IPACC
IPACC is a network of indigenous peoples' community-based organisations that was created during a UNWGIP session in Geneva in 1996. It represents more than sixty associations whose members belong to a broad range of ethnic groups who consider themselves to be indigenous peoples in Africa.
Since its inception, IPACC has participated in each of the UNWGIP sessions. IPACC has worked with other NGOs and UN agencies including the ILO (International Labour Office) to promote the protection of the rights of these communities in specific African countries.
The African gathering took place at the World Conference against Racism in Durban shortly after the last preceding session of the UNWGIP in Geneva. During the preceding year, IPACC had contributed to a consultation process aimed at bringing Africans together to elect a representative to the UN Permanent Forum (PF).
In November 2000, an impartial Steering Committee was nominated by African organisations present in Geneva at the Inter-sessional meeting of the UNWGIP. This Steering Committee, composed of representatives from the five major regions of Africa (North, West, Central, Eastern, and Southern), was charged with conducting regional consultations to select delegates to an all-Africa meeting to elect a representative to the Permanent Forum. Each region was asked to nominate 3 to 5 delegates who could submit their candidature for the position and would participate in the electoral process for the selection of an acceptable representative to the PF. The work of the Steering Committee was given logistical, financial and moral support by the IPACC network and its Cape Town-based Secretariat.
To ensure adherence to the principles of equitable representation and effective participation, each sub-region was asked to propose a set of criteria, conditions of eligibility and electoral procedures that would be debated at the time of the general election in Durban.
IPACC sponsored a Co-ordinator for the process, Mr Cecil LeFleur who is a member of the African Steering Committee, and put at his disposal the logistical support of the IPACC Secretariat to assist in the electoral process. In addition, IWGIA (International Work Group on Indigenous Affairs), as a resource agency supporting the world's indigenous peoples, financed most of the costs associated with the attendance of African delegates to the WCAR and the PF election.
2. The Challenge of Representation in Africa
Regional consultative processes preceded the Durban meeting in an effort to ensure the best representation of the diverse groups spread across the African continent, and to provide an equal opportunity for community organisations to participate fully in the election process. These processes led to the provision of mandated regional delegates identified in the following list.
3. Appointment of an Electoral Commission
It was on the periphery of the World Conference against Racism that the African delegates representing NGOs and indigenous organisation from their respective regions gathered in Pietermaritzburg to proceed with the election of a representative to the PF.
To ensure transparency, diversity and equal participation, and with a view to ensuring a regular electoral procedure, it was agreed to establish an electoral commission whose purpose was to monitor the procedural rules which were to govern the elections.
The electoral commission consisted of:
4. The Elections
A. Criteria for selection
For some delegates, namely those from North and East Africa, one criterion should be residence on the African continent, as, according to them, the representative to the PF should be as close as possible to the grassroots communities that he will be representing. Other delegates thought, to the contrary, that for political reasons, activists engaged in the work of promoting indigenous peoples are sometimes pressured to live outside Africa, which does not stop them from continuing their activism. The debate failed to achieve a consensus and was subsequently put to a hand vote. The majority expressed themselves in favour of dropping this criterion of residence on the continent.
Other criteria received unanimous support from those present. These are as follows:
B. The electoral procedure
The delegates from East Africa were of the opinion that it would be most effective and most simple to draft a list of 5 candidates, one per sub-region with their curriculum vitae (CV), and submit these candidatures to the Chairperson of ECOSOC who would proceed to make a choice of a single representative for the post on the Permanent Forum.
The representatives from Central Africa were totally opposed to this proposal, which in their view, would promote the idea that Africans were "major incompetents", always leaving it to others to decide for them in their stead. With the great majority of African delegates present specifically for these elections it was necessary to do everything possible to elect the representative to the PF.
Between these two positions, North Africa found an intermediary solution that consisted of each of the 5 sub-regions submitting the name of a candidate to the meeting, and for the 5 candidates to choose between them a representative for the PF, through a process of consensus.
The West African delegates suggested that there should be a two-phase procedure. The first consisted of selecting 3 voting delegates from each of the 5 regions. Once the list of 15 designated voters was established, the assembly could proceed to a list of nominations, which would be considered by a secret ballot vote.
This proposal received unanimous support including those serving on the electoral commission. The list of nominees was opened.
The delegates turn proposed the following:
The last two candidates, both activists for indigenous peoples, withdrew their names in light of the list of criteria described above. This left the voters to decide between the two remaining candidates, both lawyers and specialists on the indigenous question.
The election results were as follows: Mr Ayitégan KOUEVI received 10 votes; Mr Hassan Id BELKASSM 4, and 1 blank ballot.
As an independent expert to the United Nations on indigenous issues Mr Ayitégan KOUEVI will serve in his personal capacity in this regard. To assist him in his mission, a Support Committee was established composed of 6 members, of whom 5 members represent the sub-regions (North, Southern, Eastern, West, and Central Africa) and one person to represent gender issues.
Durban, South Africa, September 2001
With the Economic and Social Council's (ECOSOC) resolution on 28 July 2000 to establish a UN Permanent Forum on Indigenous Issues, and the subsequent letter by the High Commissioner for Human Rights on the 26th of February 2001 inviting indigenous peoples' organisations to submit their nominations, a process was initiated for the selection of the representative from Asia in November 2000. This process of selection was agreed to be through nomination and scrutinising candidates during a regional conference of about 150 participants from all over Asia. The process was also envisaged to engage in a dialogue with indigenous organisations in order to come up with recommendations for the Permanent Forum. Previously, two Asian regional conferences held on the Permanent Forum have provided the basic understanding, although many other organisations were still unaware of its establishment.
The Conference for the Nomination of the Asia Representative to the UN Permanent Forum on Indigenous Issues, was thus held in Dhulikel, Nepal from August 18 –19, 2001, with support from IWGIA and WCC. Forty-eight representatives from 12 countries (Bangladesh – 8, Bhutan – 1, Burma – 3, Cambodia – 2, India and Northeast India – 9, Malaysia –3, Indonesia – 3, Japan – 3, Nepal – 10, Philippines – 2, Thailand – 3, Vietnam – 1), and one representative from IWGIA, participated in the regional conference. This was considerably less than planned because of the unavailability of funds, even though a number of participants paid for their own travel expenses.
During the first day of the Conference, the participants finalised and agreed on the criteria for nominees and also the process of selection. Updates on the development of the establishment of the Permanent Forum and the task expected of the elected members were also given. On the second day, selection was done through secret voting by country, using a compulsory ranking system of all the six candidates. The elected member from Asia to the UN Permanent Forum is Mr. Parshuram Tamang, the president of the Nepal Tamang Ghedung.
This first experience to select a representative of the region is an important event for indigenous peoples in Asia. Given the lack of time and resources in this first selection process, it is understood that there are bound to be weaknesses. The preparation itself provided many lessons, which participants of the conference discussed and resolved to abide by in future selection process. Among them are the need for a better process to scrutinise candidates, to ensure members of the organising committee (individuals and organisations) do not vie as candidates, to ensure that all organisations - especially those that have been part of the process - are given the chance to participate, and to have clear guidelines for selecting organisational representatives as participants and one which takes into account a process of consultation with various indigenous networks in any country or nation-state.
Dhulikel, Nepal, August 18 –19, 2001
We, the representatives of the Indigenous Peoples and organizations of Central America, meeting in Panama City from 26 to 29 September 2001,
CONSIDERING:
Recalling the final provision of the World Conference on Human Rights which took place in Vienna in June 1993 considering the possible establishment of a permanent forum for indigenous populations within the United Nations system.
Recalling that the consideration of the establishment of a permanent forum is one of the important objectives of the programme of activities for the International Decade of the World's Indigenous People.
Noting that two workshops were convened on this topic under the auspices of the Commission on Human Rights in Copenhagen in 1995 and Santiago de Chile in 1997.
Recalling the report by the Secretary-General entitled Review of existing mechanisms, procedures and programmes within the United Nations concerning indigenous people, and taking into account the obvious lack of a mechanism to ensure coordination as well as constant and regular exchange of information among interested parties, governments, the United Nations and the indigenous people.
Taking into account the resolutions adopted in Ukupsuni, Panama and the Indigenous Caucus decisions made in Geneva, Switzerland in 2000.
Taking into account that Economic and Social Council (ECOSOC) resolution 2000/22 decides to establish as a subsidiary organ of ECOSOC a permanent forum for indigenous issues consisting of 16 members within the United Nations system.
Considering that resolution 2000/22 points out that eight members will be appointed by the President of ECOSOC following formal consultation with the bureau and the regional groups through their coordinators, on the basis of broad consultations.
Taking into account that the Central American region in the first election period of the Forum members has been granted a rotating seat in the Permanent Forum.
That the recommendation of the regional candidate concerning a separate secretariat, the Forum's headquarters, as well as selection criteria for the secretariat staff is necessary.
WE RESOLVE:
Following a broad and participatory convocation and taking into account the previous selection criteria agreed upon, we, the indigenous peoples and organizations of Central America, have decided to recommend to the Presidency of ECOSOC the regional candidate.
We, the indigenous organizations and networks of Central America, by mutual agreement communicate to the President of ECOSOC the selection of the Kuna indigenous leader of the Republic of Panama, Marcial Arias García, as candidate for the Central American and Caribbean region, with whom we commit ourselves to contribute to the fulfilment of his mandate and attributions as member of the Forum within the framework of ECOSOC resolution 2000/22.
We, the indigenous peoples and organizations of Central America, recommend that the Presidency of ECOSOC establish a separate secretariat for the functioning of the Forum and that the engagement of indigenous professionals be considered in the staff selection.
We, the indigenous peoples and organizations of Central America, recommend that the separate secretariat be located in the United Nations offices in New York City.
We, the indigenous peoples and organizations of Central America, recommend to the President that resources be allocated to the first session of the Forum in order to ensure indigenous organizations' broad participation.
Given in Panama, from 26 to 29 September 2001.
Signed by:
Rufina Venado, Consejo Indígena Centroamericano (CICA)
Nancy Henríquez, Enlace Regional de Mujeres Indígenas y Asociación de Mujeres Indígenas de la Costa Atlántica de Nicaragua.
Esther Camac, Regional Coordinator of the International Alliance of Indigenous Tribal Peoples of the Tropical Forests and Asociación Ixacavaa de Desarrollo e Información Indígena, Costa Rica.
Genaro Serech Sen, Consejo de Organizaciones Mayas de Guatemala (COMG)
Francisco Hernández, Defensoria Maya, Guatemala
José Morales, Consejo de Organizaciones Tukum Uman, Guatemala
Leopoldo Méndez, Saqb´e Mayab´ Moloj, Guatemala
Jorge Teytom Fedrick, Movimiento Indígena de Nicaragua
Adrián Esquino, Asociación Nacional Indígena Salvadoreña (ANIS)
Amadeo Martínez, Consejo Coordinador Nacional Indígena Salvadoreño (CCNIS)
Edgardo Benítez, Comité Integral de Desarrollo de Acción Ecológica de Honduras
Gilberto Arias, Harmodio Vivar, Ospino Pérez and Evelio López, Congreso General Kuna
Ovitilio Pérez, Congreso General Kuna de Madungandi
Williams Barrigón, Congreso General Embera-Waunan and Congreso General de las Tierras Colectivas
Higinio Montezuma and Rogelio Moreno, Congreso Regional Ngobe-Bugle
Dialys Ehrman and Noemí Iglesias, Unión Nacional de Mujeres Kunas (Nisbundur)
Hector Huertas, Centro de Asistencia Legal y Popular
Enrique Obaldia, Fundación para la Promoción del Conocimiento Indígena
Agreements and Resolutions
With the purpose of discussing issues related to the establishment of the United Nations Permanent Forum on Indigenous Issues and inform about the United Nations Draft Declaration on the Rights of Indigenous Peoples and the American Declaration on the Rights of Indigenous Peoples, a South America Regional Meeting was convened in Quito, Ecuador, on 3-4 May 2001.
Representatives of the following indigenous organizations participated in the meeting:
AIRA, Indigenous Association of the Argentinean Republic (Argentina); CAOP, Council of Ayllus from Potosí (Bolivia); CIDOB, Confederation of Indigenous Peoples of Bolivia (Bolivia); COIAB, Coordinating Body of Indigenous Organizations of Brazilian Amazonia (Brazil); COICA, Coordinating Body of Indigenous Organizations of the Amazonian Basin; CONAIE, Confederation of Indigenous Nationalities of Ecuador (Ecuador); CONAMAQ, National Council of Ayllus and Markas of Qullasuyo (Bolivia); CONAP, Confederation of Amazonian Nationalities of Peru (Peru); CONFENIAE, Confederation of Indigenous Nationalities of Ecuadorian Amazonia (Ecuador), CONIVE, Indian National Council of Venezuela (Venezuela); Mapuche Coordination (Argentina); Indigenous Leaders' Coordinating Body of Bajo Chaco (Paraguay), the Indigenous Movement ECUARUNARI of Ecuador (Ecuador); FENOCIN, National Federation of Rural, Black and Indigenous Organizations of Ecuador (Ecuador); FICI, Indigenous and Rural Federation of Imbabura Ecuador (Ecuador); INDIA, National Integrating Body of Descendants of Indigenous Americans (Uruguay); Ñoguero'i Pave'i Organization of the Mbya Guaraní People (Paraguay); OIS, Organization of the Indigenous Peoples of Suriname (Suriname); OPIAC, Organization of the Indigenous Peoples of Colombian Amazonia (Colombia); Raizal (Colombia); Andean Oral History Workshop (Bolivia).
Although the following organizations were invited, they did not attend the meeting for a number of reasons: CAPOIB, Coordinating Body of Indigenous Peoples and Organizations of Brazil (Brazil); Consejo de Todas Las Tierras (Chile); FOAG, Federation of Amerindian Organizations of French Guiana, (French Guiana); APA, Association of Amerindian Peoples of Guyana (Guyana); ONIC, National Indigenous Organization of Colombia (Colombia); and AIDESEP, Inter-Ethnic Association for the Development of the Peruvian Forest (Peru).
Further, the following organizations participated in the meeting: IWGIA, the International Work Group on Indigenous Affairs, Ibis-Denmark (Denmark), the Commission for Indigenous Affairs of the National Congress of Ecuador and the Council for the Development of Nationalities and Peoples of Ecuador (CODENPE).
The meeting started with opening speeches by Antonio Jacanamijoy, Coordinator General of COICA; Cristóbal Vargas, Vice-Chairman of CONFENIAE; Alfonso López Araujo, Ambassador, Director General for Human Rights, Humanitarian Affairs and Drug Trafficking Control of the Ministry of Ecuador; Michael Ayala Woodcock, Deputy Resident Representative of the United Nations Programme for Development, UNDP-Ecuador.
Cristóbal Vargas, Vice-Chairman of CONFENIAE, was elected as Chairman of the Meeting, and Rodrigo de la Cruz, Technical Advisor of COICA, as Secretary-Rapporteur.
First of all, the Quito Regional Meeting expresses congratulations for the efforts made by the indigenous peoples of Bolivia in carrying out a national consultation from 13 to 15 March 2001 (see 2.4.11, p. 19)., welcomes its Declaration and calls for similar processes to be carried out in the other South American countries.
As regards the United Nations Declaration on the Rights of Indigenous Peoples, information was provided on the background and the progress made in the work on the Declaration. The indigenous organizations expressed deep concern for the delay in adopting the Draft.
Information was also provided on the American Declaration on the Rights of Indigenous Peoples and the last developments in this area, and on the recent decision by the UN Commission on Human Rights on a Special Rapporteur for Indigenous Rights and Freedoms.
As regards the UN Permanent Forum for Indigenous Issues, the representatives of the indigenous organizations agreed on the following resolutions:
1. Selection criteria for candidates for the Permanent Forum:
2. Strategies for the link between the Forum delegate and the indigenous organizations:
3. Secretariat location
4. Election of a candidate for the Permanent Forum
The participants hereby recommended that these Agreements and Resolutions should be immediately submitted by the South American Region to the President of ECOSOC and other relevant bodies for consideration of the main candidate and his substitute as member of the United Nations Permanent Forum on Indigenous Issues.
Lastly, the other indigenous organizations of South America who did not attend the Quito meeting were hereby requested to adhere to these Agreements and Resolutions in order to constitute a legitimate space authentically representative of the indigenous peoples' organizations of the region.
Given in Quito, Ecuador, on Friday 4 May 2001.
Signed by the participants:
| AIRA - Argentina Rogelio Guanuco | CAOP - Bolivia Santos Anagua Condo |
| CIDOB - Bolivia Nicolás Montero Andrechi | COIAB - Brazil Sebastiao Alves Rodrígue Manchineri |
| COIA - ColCombia Antonio Jacanamijoy | CONAIE - Ecuador Ampan Karakras |
| CONAMAQ - Bolivia Fermín Beltrán Condori | CONAP - Peru Jesús Antonio Colina Arroyo |
| CONFENIAE - Ecuador Cristóbal Vargas | CONIVE - Venezuela José Poyo |
| Coordinación Mapuche - Argentina Roberto Ñancucheo | Coordinadora de Líderes Indígenas de Bajo Chaco - Paraguay Celso Aquino Martínez |
| ECUARUNARI - Ecuador Alfredo Perea Pacho | FENOCIN - Ecuador Pedro de la Cruz |
| FICI - Ecuador Carmen Yamberla | INDIA - Uruguay Rodolfo Martínez Barbosa |
| OIS - Surinam Kenny Tjaaroeme | OPIAC - Colombia Julio Cesar Estrada |
| Comunidades Raizal - Colombia Juvencio Gallardo | Taller de Historia Oral Andina - Bolivia Orlando Huanca Ticona |
| Asuntos Indígenas del Congreso Nacional del Ecuador Alejandro Lema | CODENPE - Ecuador Oswaldo Gavilán |
Santa Cruz de la Sierra, Bolivia, 26-28 September 2001
In the city of Santa Cruz de la Sierra, Bolivia, the representatives of indigenous peoples and organizations of South American countries –Argentina, Brazil, Bolivia, Chile, Ecuador, Paraguay and Peru– meeting on the occasion of the South America Consultation for the United Nations Permanent Forum on Indigenous Issues from 26 to 28 September 2001 adopt the following agreements and resolutions.
CONSIDERING THAT:
The Permanent Forum is the outcome of an effort for dialogue between the Indigenous Peoples and governments, we, the indigenous representatives, are informed about the process and the resolution.
During the meeting we examined the process of the idea of the United Nations Permanent Forum and shared information on Commission on Human Rights resolution, its ratification by the Economic and Social Council and final adoption. We considered the follow-up and participation process carried out by the indigenous representatives about the United Nations Permanent Forum on Indigenous Issues.
We highlighted our absence from the Permanent Forum process as main actors in this area.
WE AGREE TO:
Given in the city of Santa Cruz de la Sierra, Bolivia, on 28 September 2001.
Signed by the participating representatives of indigenous peoples and organizations.
Representatives of indigenous peoples and organizations of seven countries attended this event. The aims of this Andes-Southern Cone inter-regional meeting and consultation were: to develop a sustained work to elect the representative of this region to the Permanent Forum on Indigenous Issues; get acquainted with the scope, importance and problems that this body for indigenous peoples can have; and develop a working agenda to define the items of the first session of the United Nations Permanent Forum.
The following organizations participated: AIRA, Instituto Jujuymanta (Argentina); Parlamento Aymara, CONAMAQ, CIBOD, CSUTCB, Consejo de Capitanía Guaraní de Chuquisaca (Bolivia); Consejo Indígena de Brasil; CAICA, FEINE, ECUARUNARI, CONAIE (Ecuador); COJPITA, CONAP, AECI, CONAMANI, CHIRAPAQ, UNCA, CCP (Peru); Consejo de Todas las Tierras (Chile); Indígenas del Bajo Chaco (Paraguay).
1. Scope and importance of the Permanent Forum for indigenous peoples
Two presentations were given on the importance of this space within the United Nations, respectively by Lola García and José Carlos Morales, giving elements for discussion. The Permanent Forum will be a very important organ as an advisory body to the United Nations Social and Economic Council and its location will be strategic, as it will have a high level.
The participants highlighted the importance of this Forum for the indigenous peoples, as in view of the constant violations of indigenous peoples' collective rights, the Forum may become a body for struggle. But at the same time, conflicts and contradictions within this space were analyzed. In the first place, its name was debated: why "indigenous issues" and not "indigenous peoples or nations"? This issue was clarified and it was said that the use of the term "indigenous issues" is very broad as it includes many different issues, such as health, education, land, etc., which involve the indigenous peoples and have to be dealt with in this body. On the other hand, acknowledging the importance of this space for the indigenous peoples, it is difficult to implement this body and its rules of procedure are different from those of indigenous peoples. The fact that this space would be alien to the peoples was discussed. In other words, "it's not our place" and we would enter an unfamiliar game, which has to be known even though it is part of the dominant system, as in one way or another we can struggle from there for the respect of indigenous peoples' rights.
2. Election of a representative
As regards the election of a representative, the election criteria and procedure were broadly discussed. The organizations attending the consultation agreed to profile the candidate. It was said that the representative should not meet the United Nations criterion, that is act as an individual, as his function should involve the presence of the indigenous peoples or communities, jointly with the other representatives of other regions of the world, who are indigenous brothers as well.
In concluding this event, the following resolution was agreed on:
The Inter-regional Assembly meeting from 26 to 28 September 2001, presenting one candidate, decides to introduce to the President of ECOSOC in the United Nations the candidate for the Permanent Forum for the Andes-Southern Cone region, Mr Aucan Huilcaman, an indigenous Mapuche of Chile.
Given in the city of Santa Cruz de la Sierra, Bolivia, on 28 September 2001.
Signed by the following representatives of indigenous peoples and organizations:
Argentina
Rogelio Huanuco, AIRA
Pedro Antonio Cariman, Mapuches de Neuquén
Concepción Catunta Castro (Kusi Killa), Indígenas Quechuas Jujuy
Brazil
Azelene Inacio, Consejo Indígena de Brasil
Samora Potiguara, CPUMIN
Paraguay
Cornelio Quima Marcilla, Bajo Chaco
Miguel Mendoza Martínez, Mbya Oguero Pavei
Chile
Aucan Huilcaman, Consejo Todas Tierras
José Nahín, Consejo Todas Tierras
María Teresa Huentequeo, Consejo Todas Tierras
Ecuador
Marco Murillo, FEINE
Peru
Fabián Taypi Calixto, Chirapaq
Gladys Vila Pihue, Taller Permanente
Gerónimo Romero Huayna, UNCA
Miguel Palacin Quispe, Conacami
Elías Curitima Caritimari, CONAP
Fortunato Turpo Choquehuanca, COJPITA
Everardo Orellana Villaverde, CCP
Sebastián Lara Delgado, UNESCO ETXEA
Lola García Alix Pérez, IWGIA
José Carlos Morales, Costa Rica
Bolivia
Juan Evo Morales Ayma, Coord.Camp.Trópico
Félix Navarro Fita, CONAMAQ
Jaime Apaza Chuquimia, CONAMAQ
Julián Bautista Quispe, Parlamento Aymara
Félix Chambi Cari,CSUTCB
Simón Yampara Huarachi, CADA
María E. Choque Quispe, THOA
Carlos Mamani Condori
Orlando Huanca Ticona
Nilo Pomacusi Tintaya
Cristóbal Condoreno Cano
Rosa Macusaya Machaca
René G.Chuquimia Escóbar
Edgar Choque Mamani
Ramón Conde Mamani
Marcel Chuvirú Chuvé, CICC
Idón Chivi Vargas, Lawyer, CONAMAQ
Elizabeth López Canelas, CEPA
Rómulo Rosas Vargas, CABI
Mariano Flores Choque, CDIMA
Ricardo Mendoza Mamani, CDIMA
Félix Mamani Pari, Presbyterian Church
Sonia Acarapi Choque, Aymara participant
Palmira Pozo Miranda, Aymara participant
Agustín Parapaino Supayabe, Central Ind. Paikonaka
David Keremba Mamani Choque, Consejo Cap.Guaraníes
México
Saúl Vicente Vasquez, COCEI-FDD
Alejandro Parellada, IWGIA, Coordinator
CONAIE delegates abstained:
María Blanca Chancoso, CONAIE
Marco Murillo Ilbay, FEINE
Luis Chanaguano Chulco, ECUARUNARI
Santiago de la Cruz Añapa, CONAIE
Gilberto Talahua Pau Car
In a letter addressed to the UN Secretary-General, Mr Kofi Annan, CISA submits its narrative report on the commemoration of the International Day of the World's Indigenous Peoples. On that occasion, Mr Julio Tumiri Apaza was appointed as the main candidate and Mr Belarmino Mamani as a substitute.
Qullasuyu, Achoqalla, 13 to 15 March 2001
In addition to the candidates mentioned in the respective regional resolutions and declarations, other names were directly communicated to the Office of the High Commissioner for Human Rights and appear on the web site: http://www.unhchr.ch/indigenous/nominations.htm. These are:
Indigenous peoples:
Governments:
About three pages of Ms Mary Robinson's report are dedicated to the achievements of the Office of the High Commissioner concerning indigenous peoples. The activities relating to the World Conference against Racism, the International Decade of the World's Indigenous Peoples, the appointment of a Special Rapporteur on the situation of indigenous peoples' human rights and fundamental freedoms, the Working Group on the Draft Declaration, as well as the Permanent Forum (PF) are reviewed. We publish excerpts which enable us to better understand what this PF will be like and how it is presently implemented.
Procedures: The PF will adopt the procedures for the participation of observers representing indigenous peoples, organizations and communities, as well as from governments, the United Nations system and NGOs.
Lead agency for the implementation of Council resolution 2000/22: The Office of the High Commissioner for Human Rights has been designated by the Secretary-General to hold this function. As such, the Office of the High Commissioner has raised the issue of the PF with the Administrative Committee on Coordination and the Inter-Agency Standing Committee. Ten United Nations organizations have provided information about their activities, appointed focal points for the PF, and expressed their willingness to cooperate in an interagency approach.
PF Secretariat: In consultations held so far, the establishment of interagency technical support for the preparatory phase of the PF has been welcomed by the United Nations partners. Whether the secretariat to service the PF is finally to be based in New York or Geneva, it is clear that ongoing liaison would need to be maintained between both cities. It should be stressed that the locating of the secretariat in one of the United Nations Offices does not diminish the importance of the work that needs to be done in both places to ensure a fully integrated and cooperative approach to support the work of the PF.
Agenda: The PF will determine its own agenda and programme when it meets. Ms Robinson has invited the United Nations partners to provide information about their activities so that this can be made available to the PF at its first meeting. It is also proposed that the United Nations system prepare a consolidated paper identifying options and approaches for the PF interaction with pertinent United Nations organizations and agencies.
Unusual nature of the PF: It has an unusual holistic role, namely to reconcile and harmonize the range of issues dealt with by the United Nations. It will require new working practices and innovative approaches.
The main points of this text, which was made available to the indigenous peoples during the WGIP and should still be approved by the UN Secretary-General, are presented below.
Aim of the project: The aim is to provide technical support for the preparation of the first session of the PF. The project envisages appointing three staff responsible for the following tasks: to develop contacts with members of the PF, prepare the basic documentation, gather information about existing activities in the United Nations, consult with governments, indigenous peoples and international and regional organizations, and service the first and second sessions of the PF. After the first session the team would follow up on recommendations and prepare for the second session. It is expected that the Forum will be supported from the regular budgets of the United Nations and the Specialized Agencies.
The project is designed to ensure a sense of common ownership and responsibility of the different agencies of the UN having major programme interests related to indigenous peoples..
Creation of technical support team: The project envisages creating a technical support team consisting of qualified persons, including qualified indigenous people, to undertake the preparations for the first session of the PF. It is envisaged that for logistical reasons the staff would be placed in the Office of the High Commissioner for Human Rights. It would serve as a bridge to a more permanent secretariat support. The recruitment of the team is envisaged by the end of 2001 so that it can be operational from January 2002 to June 2003, for an 18-month period.
Establishment of the inter-agency steering group: The project proposes to formalize the inter-agency steering group that at present is composed of some of the focal points/units of the United Nations system. The group would meet at least once every three months and provide assistance and guidance to the team. It would specifically be in a position to draw upon the technical expertise in their respective agencies.
Financial aspects: The project is to be financed through extra-budgetary contributions until such time as the UN Regular Budget provides the necessary resources for permanent secretariat support. It should be noted that the budget does not contain a component for financial assistance to representatives of indigenous organizations and communities since it is anticipated that an amendment may be made to the terms of reference of the Voluntary Fund for Indigenous Populations allowing it to provide this assistance.
Evaluation: It is proposed that the project be evaluated by the PF itself at its second session with a view to deciding on the resources needed for establishing permanent secretariat support.
Thank you Madame/Mister Chairperson. This is a joint statement on behalf of the Indigenous Peoples' Caucus who met on Sunday, July 29, at the World Council of Churches in Geneva, Switzerland.
There have been many challenges to say the least to ensure full participation by Indigenous Peoples leading up to the World Conference Against Racism. We look to this 3rd Prep Comm to fulfill the initial principle commitment to make this World Conference Against Racism (WCAR) truly inclusive.
During the recent meeting of the United Nations Working Group on Indigenous Populations (UNWGIP), her Excellency the High Commissioner for Human Rights and the Secretary-General of the WCAR, Mary Robinson, stated in her report to ECOSOC:
"As we stand at the beginning of a new century, the continuing existence of racism racial discrimination, xenophobia, and related intolerance constitutes a fundamental human rights challenge."
We would like to point out a glaring example of this in the Draft Declaration (A/CONF.189/PC.3/7) and the Draft Programme of Action (For Equality and Non-Discrimination Against Racism, Racial Discrimination, Xenophobia and Related Intolerance) (A/CONF.189/PC.3/8) that were prepared by the Group of 21. They had a daunting task and we thank them for their efforts. Nevertheless, please note that in both of these Drafts paragraph 43 on page 15 of the Draft Declaration (A/CONF.189/PC.3/7, Paragraph 24 of the unedited version of the Declaration, 24 September 2001) and paragraph 20 on page 6 of the Draft Programme of Action (A/CONF.189/PC.3/8) "Indigenous Peoples" is footnoted. (The reference to peoples has been left out in the final unedited version of the Programme of Action, paragraph 20.)
As we head into the new millennium and a World Conference Against Racial Discrimination, we are the only peoples still facing it blatantly in both documents. NO other "peoples" are footnoted to limit their rights. Since these are still drafts, we recommend this 3rd Prep Comm meeting to urge all states to remove this footnoting of "Indigenous Peoples", and thereby help eliminate racism from these documents. In this context, we would like to point out that the Sub-Commission has already adopted the Declaration on the Rights of Indigenous Peoples which recognizes "Indigenous Peoples" as "peoples".
Indigenous Peoples are peoples within the full meaning of international law. Indigenous Peoples have the right to Self-Determination by virtue of which they freely determine their economic, social, political and cultural development and inherent possession of all of their traditional and ancestral lands and territories. The knowledge and cultures of Indigenous Peoples cannot be separated from their unique spiritual and physical relationships with their lands, waters, resources and territories. The denial or qualification of the Self-Determination of Indigenous Peoples is racist and lies at the root of Indigenous suffering.
We remind the states, that Indigenous Peoples are equally entitled to all Human Rights and Fundamental Freedoms contained in international Human Rights Instruments, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Convention for the Elimination of All Forms of Racial Discrimination.
We therefore recommend, that the Draft Declaration (A/CONF.189/PC.3/7) paragraph 44 page 15 be amended, so that the second sentence reads as follows: "We firmly reiterate our determination to promote their full enjoyment of economic, social and cultural rights, as well their benefits of sustainable development, while fully respecting their distinctive characteristics and their own initiatives and reaffirm that the human rights and fundamental freedoms contained in the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Convention for the Elimination of all forms of Racial Discrimination, apply also to Indigenous Peoples."
We refer this 3rd Prep Comm to the latest world gathering of Indigenous Peoples, the Indigenous Peoples' Millennium Conference held in Panama City (7-11 May 2001). The Indigenous Caucus resubmits its position as contained in UN Document E/CN.4/Sub.2/AC.4/2001/8 dated 20 June 2001 (see 3.4., p.27). Please recall that our delegations have been calling for a World Conference on Indigenous Peoples for several years and again, call on the WCAR to recommend the convening of an World Conference as per our original submission which is stroked out in paragraph 250 page 56 of the Draft Programme of Action. The new wording violates the letter and spirit of the U.N. Resolution that calls for a passage of the U.N. Declaration on the Rights of Indigenous Peoples before the end of the U.N. International Decade of the World's Indigenous People (Decade), a Declaration which already declares the right of Self-Determination for Indigenous Peoples. Now paragraph 250 page 56 calls for a conference limited to discuss only the Right of Self-Determination (the ownership of land and its natural resources) at the end of the Decade.
We view this to be a delaying tactic and an attempt to remove the discussion and passage of Article 3 at the current Inter-Sessional Working Group on the Elaboration of a Declaration on the Rights of Indigenous Peoples. We recommend that paragraph 250 page 56 of the Programme of Action (E/CN.4/Sub.2/AC.4/2001/8) is amended back to read as follows: "Recommends the convening of a world conference on indigenous peoples at the end of the International Decade of the World's Indigenous Peoples (1995-2004)".
Finally, it has been very difficult for Indigenous Peoples to fully participate at these Prep Comms, therefore we urge this 3rd Prep Comm to take up the positions of the Indigenous Caucus. We call on the High Commissioner and the Secretary General for the WCAR, Mary Robinson, as coordinator for the Decade through you, Madame/Mister Chairperson, to take our case to the WCAR.
In conclusion, if the international community assembled at the WCAR in Durban, is to make a real change, it must:
Acknowledge that Indigenous Peoples are Peoples with a full right to Self-Determination.
Racist Qualifications in the WCAR Draft Texts: An Entirely Different Context than ILO Convention (No. 169)
This intervention is being made on behalf of the entire Indigenous Peoples' Caucus which consists of numerous Indigenous Peoples and organizations from around the world. As such, we request to speak a little longer than if we were simply speaking on behalf of one organization.
Racist Qualifications in the Draft WCAR Documents
ILO Indigenous and Tribal Peoples Convention (No. 169)
U.N. Bodies with Juridical Competence: The U.N. Human Rights Committee Rulings on the Rights of Indigenous Peoples as Peoples in International Law
The Competence of the United Nations
Obligations of State Parties to Oppose Racism within the U.N. Machinery and the WCAR Texts
Footnotes:
The Indigenous Peoples Caucus attending the World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance understands there is controversy over the Non-Government Organisation's (NGO) Declaration and Program of Action produced at the NGO Forum in Durban, South Africa on 1st September 2001.
The Indigenous Peoples Caucus unequivocally rejects any language in the NGO Declaration and Program of Action that is racist.
The Caucus, composed of Indigenous Peoples from all over the world, fully supports the Indigenous sections of the NGO Declaration and Program of Action as reflecting a consensus by Indigenous peoples developed in many fora throughout the world including:
Approved by the Indigenous Caucus, 6/9/2001
UN document E/CN.4/Sub.2/AC.4/2001/8 has become a WCAR official document: A/CONF.189/10/Add.8.
This statement was reconfirmed by the Indigenous Caucus as their global statement at the WCAR.
We, the Indigenous Peoples of all regions of the world including the Arctic, Africa, Russia, the Americas, Europe, Asia and the Pacific attending the Indigenous Peoples' Millennium Conference in Panama City, Panama, 7 - 11 May 2001, have examined and endorse the following statements from Indigenous Peoples, their representatives and organizations, made in preparation for the World Conference Against Racism, to be held in Durban South Africa:
We believe that these declarations form a consensus of the hopes and aspirations of the Indigenous Peoples of the world, and we emphasize their call for the end of racial discrimination against Indigenous Peoples in all its forms.
We note particularly the Declaration of the Indigenous Peoples of the Americas Declaration, and its finding that racial discrimination, xenophobia and related forms of intolerance are characteristics of dominant western ideology and are reflected in the relationship western society has maintained with the Indigenous Peoples of the world, constituting a historical problem with deep roots in colonialism and the enslavement of entire peoples, a problem that continues to this very day, denying Indigenous Peoples their right of self-determination.
We also note that racism, racial discrimination, xenophobia and related intolerance are characteristics of dominant societies all over the world and are the main sources of all forms and manifestations of colonization, denying Indigenous Peoples the right of self-determination.
We recognize that colonialism in all its expressions continues to rob us of our ancestral knowledge, cultural and spiritual practices, of our economies and way of life of our Peoples, as well as our cultural and intellectual heritage which forms a part of our spirituality. It is the cause of the loss and ruination of our sacred places, the loss of our traditional health practices and traditional knowledge, and even now extends to the loss of our plant, animal and human genetic resources.
We also call upon the States to comply with their sacred trust and to guarantee the right of decolonization and self-determination to all Indigenous Peoples in non-self governing territories.
We find it is finally time to deal fairly and in good faith with Indigenous Peoples. We call upon the States to recognize that Indigenous Peoples are "Peoples" as within the full meaning that attaches to that term under international law. We condemn the continued denial of the recognition of Indigenous Peoples as having the rights of all other Peoples. We consider the continued denial of this recognition a act of racial discrimination by the States within the United Nations itself, as this refusal is a distinction based on race or ethnic origin which has the purpose of nullifying or impairing all other human rights of Indigenous Peoples.
Unless the World Conference Against Racism recognizes the following principles with regard to Indigenous Peoples, it cannot hope to address the racial discrimination practised against Indigenous Peoples or fashion any realistic solutions to end the practice:
We the representatives of Indigenous Peoples and their organizations, participants at the Indigenous Peoples' Millennium Conference have considered basic principles for the taking of concrete steps in our struggle to combat racism and discrimination, and, as a result, recommend to the States and other institutions that they incorporate our proposals in the Programme of Action of the World Conference Against Racism:
The English final version of the Declaration and Programme of Action has not been published yet. However, an unedited version is available on the following website: http://www.icare.to/wcardeclarationandpoa-unedited.html.
We will publish the paragraphs concerning the indigenous peoples when the document is available, probably in the next issue of Update.
We have received the following statements, which are available at doCip:
Other documents are also available on NCIV website&: http://www.nciv.net
The Millennium Conference was convened jointly by the Netherlands Center for Indigenous Peoples (NCIV) and the Asociacion Napguana (Panama). The following statements were issued:
We, the Indigenous Peoples of all regions of the World – Arctic/Europe, Africa, Asia, North America, Central and South America and Caribbean, Pacific, and the Former USSR/Eastern Europe attending the Indigenous Peoples' Millennium Conference in Panamá City from May 7 to May 11, 2001:
Note with satisfaction the active presence of all of the regions of the world at this Conference and our progress in understanding each other's realities. Whether we identify ourselves as Indigenous, Aboriginal, Tribal, Autonomous, First Nations, Native Peoples, First Peoples or, by other terms, it gives us great pride, hope and satisfaction that as Peoples we can, together, work ardently for the recognition of our rights and the preservation and restoration of our values, cultural identities and way of life.
Have discussed several topics of great concern to us. Among these were:
As a result of these discussions, we have formed a global consensus in the following areas;
Endorse the following statements of Indigenous Peoples, their representatives and organizations, made in preparation for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa, August 31-September 7, 2001:
Call upon States to finally recognize that Indigenous Peoples are "Peoples", with the full meaning that attaches to that term under international law. As Indigenous representatives have stated repeatedly, throughout the years, it is inconsistent to distinguish between the human rights of Indigenous Peoples and other peoples. This has the purpose or effect of nullifying and impairing all the human rights of Indigenous Peoples. It is therefore racist and constitutes race-based discrimination. It is an affront to our human dignity;
Reiterate that among the human rights violated is the fundamental right of self-determination. We hold it self-evident that as "Peoples", Indigenous Peoples have the same right of self-determination as all other peoples of the world;
Reiterate further that it is time that States recognize the unique spiritual relationship between Indigenous Peoples and our lands and territories, including submerged lands, waters and natural resources, and that the right to these resources is inseparably linked to our right of self-determination;
With regard to our ancestral lands, call upon the world community to recognize and adequately address a new form of racism, that of environmental racism. The world community must immediately prevent the ruination of Indigenous lands and waters, including rising sea levels due to ozone depletion, the depletion of our natural resources, submerged lands and waters, through the prevention of so-called development schemes and unsustainable practices such as over fishing, mining, deforestation, the dumping of contaminated waste, and other land use practices that do not respect but do discriminate against our way of life;
Recognize that the extension of colonialism, in all its expressions, continues to divest Indigenous Peoples of our ancestral lands and territories, traditional knowledge, of our cultural and intellectual heritage, spiritual practices and our way of life. This is the cause of the loss and ruination of our identities and our cultures and, even now, extends to the loss of our plant, animal and human genetic resources;
Hold it self-evident that all rights to Indigenous Peoples' cultural heritage, genetic resources, traditional knowledge and expressions of folklore are inherently ours;
Recognize the paramount impact that international agreements and institutions, such as the CBD, TRIPS, WTO, IMF, WIPO, UNCTAD, the Convention on Climate Change, the World Bank and Agenda 21 have on the lives of Indigenous Peoples. It is therefore fundamental that Indigenous Peoples are given full and effective participation in all the work carried out within such institutions. We urge States and financial institutions to provide funds and other resources to facilitate the participation of Indigenous Peoples in these fora;
Recognize further the need to inform and educate members of Indigenous communities about the CBD, TRIPS, WTO, IMF, WIPO, the World Bank, UNCTAD, Agenda 21 and other international agreements and institutions and the processes relating to them. This so that whatever decisions Indigenous communities decide to take with regard to their genetic resources, traditional knowledge, folklore or other related matters, are made with their free and prior informed consent;
Express great concern about the World Bank's current revisions of Operational Directive 4.20 on Indigenous Peoples and recommend the following:
Concerned that the activities of regional financial institutions and trade agreements, such as inter alia the Asian Development Bank, has resulted in the marginalization and impoverishment of Indigenous Peoples, we call on these institutions to:
Oppose the World Trade Organization Agreements that violate the rights and well-being of Indigenous Peoples, particularly the Agreements on Agriculture and Trade-Related Intellectual Property Rights (TRIPS). These illegitimate agreements undermine our diverse economics and cultural heritage;
Call for a moratorium on any further trade negotiations and agreements, subject to a review and revision of all existing agreements to meet the requirements for equity and sustainability;
Stand united with broad sections of civil society in condemning the undemocratic, inequitable and non-transparent character of the World Trade Organization;
Call on states to engage with organizations representing Indigenous Peoples within their land and territories, to explore alternative mechanisms for protecting the collective heritage, cultural identity, genetic resources, traditional knowledge and folklore of Indigenous Peoples;
Urge Indigenous Peoples and their organizations to participate in international environmental processes including inter alia: the Convention on Biological Diversity, the Framework Convention on Climate Change, the Ramsar Convention on Wetlands, the Convention to Combat Desertification and the United Nations Forum on Forests;
Call for the active participation of Indigenous Peoples and their organizations in the World Conference on Sustainable Development (Rio + 10) to be realized in Johannesburg, South Africa, in September 2002, as well as in the preparatory activities at the local, national, sub-regional and international levels;
Noting that the General Assembly Resolution on Rio + 10 "encourages effective contributions from and the active participation of all major groups as identified in Agenda 21, at all stages of the preparatory process," and "stresses that the preparatory meetings and the 2002 summit itself should be transparent and provide for ... contributions and active participation of major groups," we call upon governments and international agencies to: