CONSEJO INTERNACIONAL DE TRATADOS INDIOS

Contact details:

Alberto Saldamando, General Counsel,

International Indian Treaty Council

Tel: [USA] +(415) 641-4482

Email: alberto@treatycouncil.org

Title: Progress of the Working Group, Expert Advice

United Nations Human Rights Council,

4th session, March 12 – 30, 2007

Indigenous Peoples from all regions of the world recognize the important progress of the Working Groups established by the Council pursuant to General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council.”

There are many critical issues facing this Council that are being addressed by its working Groups. It is important to examine the failings of the Commission on Human Rights, as well as its successes, and the critical importance of human rights as one of three pillars of the United Nations system.  The United Nations human rights system, its Covenants and Conventions, its conventional and non-conventional mechanisms, and its human rights experts are of vital importance to Indigenous Peoples in their struggles for survival as Peoples.

Some States continue to exploit indigenous lands and resources just as the original colonizers to whom they are successors.  For over 500 years Indigenous Peoples have endured the theft of their lands, their natural resources, and their tangible and intangible cultural heritage.  Coercive attempts to assimilate them into a dominant culture are ubiquitous and constant with little to no regard for their human rights.

The United Nations system of human rights has, since 1982, reminded States that these practices are in violation of Indigenous Peoples’ human rights.

In its first session in June 2006, one of the landmark decisions of this Human Rights Council was to adopt the UN Declaration on the Rights of Indigenous Peoples. This Declaration recognizes, as other United Nations human rights fora had already done, that states are obligated to obtain the free prior informed consent of Indigenous Peoples before their lands and resources are exploited, or decisions are made that affect their way of life.  It recognizes that they should be beneficiaries of any sustainable development and have a right to oppose unsustainable and ruinous exploitation.  It recognizes that Indigenous Peoples have a collective human right to their cultures, languages and spirituality, and the central importance of their ancestral lands in the enjoyment of these rights.

In examining the Human Rights Commission and its mechanisms we call the attention of this Council to the Working Group on Indigenous Populations of the Sub-Commission. The Working Group on Indigenous Populations had some failings and some successes. This Council should build on its successes.

One of its greatest contributions to the United Nations system was that Indigenous Peoples without Consultative Status could participate in its sessions.  This allowed national NGOs and Indigenous Peoples from all regions of the world to advise the United Nations human rights system about the state of Indigenous Human rights directly and through experts’ studies and reports to the Commission.

Of great importance to us all, it also provided Indigenous Peoples with the opportunity to learn about human rights, many for the first time, as well as the functioning of the United Nations system.  Thousands of Indigenous individuals and hundreds of Indigenous Nations, Peoples and organizations learned a great deal, not just from the experts but from each other.  They returned to their homelands and communities of origin better able to advance and defend the rights of their Peoples. They were also better able to fully participate in the political life of the States in which they live, a right recognized by the United Nations human rights system and the Human Rights Council Declaration on the rights of Indigenous Peoples.

In our view this resulted in many invaluable contributions towards the evolution of human rights standards incorporating Indigenous Peoples’ experiences and perspectives throughout the United Nations system.

To continue this process, we welcome the support of many Member States of the Council and the Working Group on expert advice, for the establishment of a Working Group of experts on Indigenous Peoples to advise and inform the Council on the many human rights issues facing Indigenous Peoples.  The Global Caucus of Indigenous Peoples in May of last year also recommended the creation of such a body.  This proposal has been presented by Indigenous Peoples at each of the previous three sessions of this Council.

The Global Indigenous Caucus stated that it saw the creation of the Human Rights Council as an opportunity to improve, strengthen, streamline and coordinate the Council’s work and United Nations human rights system’s consideration of the human rights of Indigenous Peoples. It also agreed that the broad participation of Indigenous Peoples through the UN Working Group on Indigenous Populations has provided invaluable input and opportunity for increased understanding and capacity among states, UN experts and Indigenous Peoples, resulting in many important steps forward in the field of human rights, not the least of which was the Council’s Declaration adopted at its first session..

The Global Caucus of Indigenous Peoples reaffirmed its support for the work of the Special Rapporteur as well as the Office of the High Commissioner on Human Rights, and we reiterate the importance of their roles in upholding the human rights of indigenous peoples. It recommended that:

1)      The UN Human Rights Council establish a Permanent Expert Group on Indigenous Peoples’ Human Rights made up of two experts from state members of the Council, two Special Rapporteurs and two Indigenous expert members nominated by Indigenous Peoples and selected in a process to be determined by the Council.  All of these experts could rotate among the regions in a 2 – 3 year cycle.

2)      The work of the Permanent Expert Group on Indigenous Peoples’ Human Rights would be coordinated by the Human Rights Council in collaboration with the Office of the High Commissioner on Human Rights in accordance with the instructions of the Council.

3)      The Permanent Expert Group on Indigenous Peoples’ Human Rights would meet one to three times per year for a period of 5 days in coordination with meetings of the Council and would be organized to provide effective participation and input from states, Indigenous Peoples, UN Special Rapporteurs and the UN Permanent Forum on Indigenous Issues to address a range of human rights issues and concerns.

4)      Its role would be to:

a.       facilitate the exchange of information and updates among participants; 

b.      develop a work plan for the Council to carry out its organization of work regarding its agenda item focusing on the Human Rights of Indigenous Peoples, including recommendations for effective input by organizations with ECOSOC Consultative status, the Special Rapporteurs and the UN Permanent Forum on Indigenous Issues; 

c.       facilitate communications between the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and other Special Rapporteurs regarding human rights issues of concern to Indigenous Peoples; 

d.      provide information to the Human Rights Council, OHCHR and its Special Rapporteurs regarding developing situations;

e.       recommend and, when appropriate, assist the Human Rights Council and the OHCHR to organize expert seminars to address and elaborate key relevant themes and areas of concern regarding  Indigenous Peoples’ Human Rights;

f.        Assist the OHCHR in its technical cooperation activities;

g.       Other tasks as assigned by the Human Rights Council;         

5)      Participation of Indigenous Peoples in the Permanent Expert Group on Indigenous Peoples’ Human Rights will be on the same basis as participation in the Working Group on Indigenous Populations and the UN Permanent Forum on Indigenous Issues.

The International Indian Treaty Council understands that the Permanent Forum on Indigenous Issues as a body directly under the Economic and Social Council cannot begin to completely address the human rights of Indigenous Peoples. Its mandate encompasses the entire mandate of the ECOSOC, not only human rights.  Its mandate does not include the conduct of studies in the field of human rights nor to work in standard setting with regard to Indigenous Peoples.  Its capacity to respond to critical human rights situations is very limited.  Work in the field of human rights must be coordinated by the Human Rights Council, the body entrusted by the United Nations with this mandate and focus.  Assisting the Council with this monumental task would be the role of the proposed Human Rights Council Working Group on Indigenous Peoples.

We also stress the importance of Indigenous Peoples and their organization’s nomination of two experts who would be Indigenous themselves to the Permanent Indigenous Expert Group.  Indigenous Peoples have labored hard and long in order to assist the United Nations in its mandate of the promotion and protection of Indigenous human rights. There are now many qualified Indigenous experts with direct expertise in the field of human rights who are well known to members of the Council and who could assist the Council in this most sacred and vital task. 

When Indigenous Peoples began to participate in the United Nations system and the old Commission on Human Rights, these bodies accepted the proposition that Indigenous Peoples could and should speak for themselves in order that the system and its organs receive accurate reports and realistic recommendations on the state of Indigenous human rights. We look forward to providing our support and assistance to the Council and its members as active participants in this process. 

For all our relations.