Indigenous Caucus Statement, WGIP, 2002

International Indian Treaty Council

CONSEJO INTERNACIONAL DE TRATADOS INDIOS

	“WORKING FOR THE RIGHTS AND RECOGNITION OF INDIGENOUS PEOPLES"

INDIGENOUS CAUCUS STATEMENT

20^th Session of the UNWGIP, 22-26 July 2002

We, indigenous peoples’ delegates from all continents of the world, meeting in caucus in Geneva on 20-21 July 2002, have the following statement on the Agenda item 4(a): The UNWGIP: Achievements in the United Nations system and a Vision for the Future

1. The UN Working Group on Indigenous Populations over the past 20 years has served as the focal point within the United Nations for the promotion and protection of indigenous peoples rights. The UNWGIP has innovated and supported a range of initiatives and activities including:

	UN Draft Declaration on the Rights of Indigenous Peoples
	UN Voluntary Fund for Indigenous Peoples
	UN Year for the World’s Indigenous Peoples and the UN Decade
	Technical Seminars of the themes of Self-Government; Sustainable Development; Land; Indigenous Peoples Human Rights and Natural Resource Corporations; and Health and Indigenous Youth and Children;
	Reports of the Special Rapporteurs on Indigenous Cultural Heritage, Land, and Treaties and other Constructive Arrangements with States
	UN Fellowship Programme for Indigenous Peoples
	International Day of Indigenous Peoples (August 9)

These activities have succeeded in raising the profile of indigenous peoples internationally and in promoting the recognition of indigenous peoples’ rights.

2. The broad mandate and democratic process of the UNWGIP has nurtured the development of hundreds of experts and practitioners on indigenous peoples’ human rights from the United Nations, governments, indigenous peoples, academia and NGOs. Indeed in its 20 years life, it has become a centre for authoritative international discourse on the rights of indigenous peoples, informing and educating many scholars and activists alike. Moreover, the meetings of the UNWGIP have provided opportunities for indigenous peoples and other participants to meet and deepen concrete partnerships and projects.

3. Recognising these achievements does not necessarily mean continuing in its established and habitual ways. Human rights continue to develop and evolve internationally and we see no reason why this should cease to develop for indigenous peoples, whose distinct identities as peoples remain unrecognised in many parts of the world, and are subject to discrimination, racism and marginalization. Indigenous peoples’ determined responses to colonialism and oppression have already advanced the elaboration of human rights standards for all peoples. Among the contemporary human rights challenges facing indigenous peoples are the elaboration of international standards on indigenous territorial rights and land ownership; on the private sector; on the protection of traditional knowledge, cultures and heritage; on trade, indigenous economies and sustainable development; and on peace and conflict resolution, to name but a few. The Indigenous Peoples Caucus challenges the UNWGIP to dispose itself to address these new normative challenges to empower indigenous peoples to enjoy all the universally recognised human rights and fundamental freedoms.

4. International standards on these themes have been elaborated in the UN Draft Declaration on the Rights of Indigenous Peoples, and its early adoption, in its present form, remains the highest priority for the Indigenous Caucus. The processes leading to the adoption of the Draft UN Declaration on the Rights of Indigenous Peoples, under the auspices of the UNWGIP, enjoyed the open and full participation of indigenous peoples, governments, international organisations and scholars; and, resulted in its broad endorsement as the minimum standards to secure the rights and well-being of indigenous peoples. In the words of the UN High Commissioner for Human Rights[1]:

"The United Nations draft declaration states the link between human rights and development, namely that the one is not possible without the other. Thus, economic improvements cannot be envisaged without protection of land and resource rights. Rights over land need to include recognition of the spiritual relation indigenous peoples have with their ancestral territories. And the economic base that land provides needs to be accompanied by a recognition of indigenous peoples' own political and legal institutions, cultural traditions and social organizations. Land and culture, development, spiritual values and knowledge are as one. To fail to recognize one is to fail on all."

5. The Indigenous Caucus urges governments to uphold the right to self-determination of indigenous peoples, in keeping with their international human rights obligations. We further urge the Working Group on the Draft Declaration on the Rights of Indigenous Peoples under the UN Commission on Human Rights to work towards its early adoption to fulfil one of the main goals of the UN International Decade.

6. This Agenda item on The UNWGIP: Achievements in the United Nations system and a Vision for the Future allows a renewed look at the UNWGIP’s mandate, interpreting this in the light contemporary realities of indigenous peoples and the changed landscape of the United Nations in this new Millenium.

7. The world today is riven by deep imbalances in the social and ecological spheres. The UN Millenium Development Goals targets the eradication of poverty suffered by 2 billion of the world’s peoples, including most of the indigenous peoples of the world. The upcoming World Summit on Sustainable Development (WSSD) is grappling with the unsustainability of economic, trade and financial globalisation vis- a -vis social and human development and environmental protection. Indigenous Peoples must be fully empowered to play our role in achieving the broad goals of the UN- peace, human rights and sustainable development. To do this, we need all the existing UN mechanisms on Indigenous Peoples to play their distinct and complimentary roles.

8. The UNWGIP has been and continues to be the principal body within the United Nations elaborating international standards on the rights of Indigenous Peoples. The newly established Permanent Forum on Indigenous Issues plays an advisory and co-ordinating role within the UN system on issues relating to economic and social development, culture, the environment, education, health and human rights. The Special Rapporteur on the situation of Human Rights and Fundamental Freedoms of Indigenous Peoples gathers information and makes recommendations on how to prevent and remedy violations of the rights of indigenous peoples.

Any reasonable study of the content and intent of the mandates of the Working Group and the Permanent Forum will underscore that they are complimentary to each other, and that this has been the understanding of indigenous Peoples. The Indigenous Caucus strongly recommends the strengthening of each of these mechanisms and their capacities to work in a complimentary way.

9. Also in the spirit of revitalisation, we would like to propose elements of a Work Plan for the working group:

The Work Plan should be for the next decade, with a strong focus on the Working Group’s important standard-setting mandate. Under Agenda Item 6, the Indigenous Caucus will make a statement on specific areas for further standard-setting activities to be carried out by experts of the UNWGIP.

Further work on the right to development, examining standards on the private sector, trade, protection of indigenous intellectual property and traditional knowledge, and protection of cultural and biological diversity. The principle of free, prior and informed consent to developments affecting our lands and welfare, is another important area.

Increased outputs through research partnerships between indigenous peoples and working group members. These research partnerships could be across sectors like indigenous health, and regional reviews of the enjoyment of indigenous rights within different global regions.

Design a specific strategy to progress indigenous peoples’ human rights in broader UN processes, such as the WSSD and the Convention on Biological Diversity and the World Intellectual Property Organisation (WIPO), working in synergy with the UN Permanent Forum and the UN Special Rapporteur on the Fundamental Rights and Freedoms of Indigenous Peoples.

Finally, all of us present here, united in fulfilling the goals of the UN Decade for the World’s Indigenous Peoples, should strengthen our political commitment and partnerships to increase, rather than decrease the human and financial resources available for the promotion and protection of the rights of indigenous peoples. The UNWGIP with its meagre resources has achieved much in the past 20 years. It should not be penalised for its success, and instead supported to achieve much more in the next 20 years.

The Indigenous Peoples Caucus is fully committed to working with the members of the UNWGIP, governments, the United Nations, NGOs and all interested parties to further strengthening the work of the UNWGIP in the future.

[1] Mary Robinson "Bridging The Gap Between Human Rights and Development: From Normative Principles To Operational Relevance", Presidential Fellows Lecture, 3 December 2001, World Bank, Washington D.C.