U N I T E D N A T I O N S
Economic and Social Council ENGLISH
Distr. Original:
GENERAL ENGLISH/FRENCH/SPANISH
E/CN.4/Sub.2/AC.4/1994/11/Add.1 GE. 94-13087 (E)
22 June 1994
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection of Minorities
Working Group on Indigenous Populations
Twelfth session
25-29 July 1994
Item 8 (b) of the provisional agenda
WORKING GROUP ON INDIGENOUS POPULATIONS
CONSIDERATION OF A PERMANENT FORUM FOR INDIGENOUS PEOPLE
Information received from Governments and
indigenous organizations
INTRODUCTION
1. The General Assembly in its resolution 48/163 of 21
December 1993 requested the Commission on Human Rights to
give priority consideration to the establishment within the
United Nations of a permanent forum for indigenous people.
In its resolution 1994/28 of 4 March 1994, the Commission on
Human Rights requested the Assistant Secretary-General for
Human Rights to invite governments and indigenous
organizations to express their views on this question, and
to transmit to the Working Group on Indigenous Populations
contributions received together with a technical note
addressing institutional issues.
2. The technical note of the secretariat is contained in
document E/CN.4/Sub.2/AC.4/1994/11. The present addendum
contains the contributions received from governments and
indigenous organizations as at 14 June 1994. Any other
communications will be contained in further addenda to the
secretariat note.
A. GOVERNMENTS
BENIN
[18 May 1994]
[Original: FRENCH]
In a letter dated 18 May 1994, the Republic of Benin
expressed its support for the idea of a permanent forum for
indigenous people in the United Nations system. It also
expressed the wish that the forum be constituted on the
basis of a broad number of indigenous organizations.
CANADA
[12 May 1994]
[Original: ENGLISH]
1. The Government of Canada looks forward with anticipation
to the debate about a "permanent forum", which is placed on
the agenda of the twelfth session of the Working Group on
Indigenous Populations (WGIP). Representatives of indigenous
people from around the world will then have the opportunity
to set their objectives, to describe their needs and to
discuss, in light of these, the appropriateness of existing
human rights mechanisms of the United Nations, and other
options. The Canadian Government hopes that, in order to
assist the debate, the Centre for Human Rights will ensure
the availability of United Nations experts in machinery of
government who can contribute their knowledge of the
organization, structure and operations of the United Nations
system.
2. In the financial straits in which the United Nations
finds itself, the need for new or additional bodies will
require the most stringent examination. Canada shares with
many other governments the view that every effort should be
made to improve on the effectiveness and the efficiency of
existing mechanisms of the United Nations before considering
whether new and/or additional institutions ought to be
created. With the imminent completion of its main task of
drafting a declaration on the rights of indigenous people,
the WGIP has the opportunity to concentrate on the task of
reviewing developments to determine how States members of
the Commission on Human Rights can best be advised regarding
indigenous situations of international concern.
3. The WGIP process is unique in the United Nations system
for the scope it offers to people to participate in public
debate in their own right. Members of the WGIP have had
access to this range of experience to develop, over the last
11 years, an expertise on indigenous matters that needs to
be preserved as a basis for future activities. Even though
its main task of drafting a declaration has been completed,
there remains, in the opinion of some, other work which
could find its way at a later date to an eventual working
group of governments, to be established by the Commission,
to consider the draft declaration. As well, the
"developments" aspect of its mandate can be enhanced by the
processes introduced during the International Year of the
World's Indigenous People.
4. To mention but one process as an example, paragraph 2 of
Commission resolution 1993/30 "recommends to all thematic
rapporteurs, special representatives, independent experts
and working groups to pay particular attention, within the
framework of their mandates, to the situation of indigenous
people". This recommendation was reiterated in General
Assembly resolution 48/133, and again in Commission
resolution 1993/29, to emphasize that the purpose of the
original resolution was meant to be permanent and not just
for the international year. We are not aware of any
attention being given as yet to this procedure by the
members of the Working Group or by the other participants in
that process.
5. In sum, the mandate of the WGIP provides sufficient
flexibility to undertake any of the above and perhaps more
if indigenous people so require. Should this not prove to be
the case after some years of experience, its mandate could
again be reviewed to determine how it ought to be or whether
only a new body will do.
FINLAND
[24 May 1994]
[Original: ENGLISH]
1. Considering that the General Assembly in its resolution
48/163 of 21 December 1993 proclaimed the International
Decade of the World's Indigenous People, and the eventual
adoption in 1995 of the Declaration on the Rights of
Indigenous People, the Government of Finland welcomes the
proposal of the Commission on Human Rights to establish a
permanent forum in the United Nations for indigenous people.
Finland has actively contributed to the discussions on this
issue at the World Conference on Human Rights in Vienna last
year.
2. The Government of Finland suggests that the permanent
forum be given the mandate to monitor and follow up the
implementation of the Declaration, to carry on the research
work in various sectors initiated by the existing Working
Group on Indigenous Populations, as well as to act as a
coordinating body within the United Nations on all issues
related to indigenous peoples.
3. The Government of Finland considers it important that
full participation by representatives of indigenous peoples
in the work of the permanent forum is ensured at all times.
NETHERLANDS
[27 May 1994]
[Original: ENGLISH]
The Government of the Kingdom of the Netherlands believes
that a permanent forum in the United Nations for indigenous
people would be an appropriate instrument for enhancing the
access of indigenous people to national and international
mechanisms for legal protection and to other relevant
forums. The envisaged permanent forum could also act as a
kind of umbrella organization which would prevent the
unworkable situation of all the 5,000 or so representatives
of indigenous peoples wishing to attend the meetings of the
Working Group on Indigenous Populations. Furthermore, there
is a need for a coordinating body for the International
Decade of the World's Indigenous People. This body could
also be charged with the task of stimulating the elaboration
and adoption of a Universal Declaration on the Rights of
Indigenous People and of coordinating other United Nations
activities for promoting the interests of indigenous people.
NORWAY
[30 May 1994]
[Original: ENGLISH]
1. Norway supports the idea of establishing a permanent
forum for indigenous peoples in the United Nations. In this
connection it should be emphasized that the question of
establishment of such a permanent forum should be treated in
close consultation with indigenous peoples and
organizations.
2. It must also be borne in mind that such a forum should
reflect indigenous peoples' interests in various programmes
and activities of the United Nations system, in particular
human rights questions and programmes related to environment
and development. Furthermore, it is the view of the
Norwegian Government that both Governments and indigenous
peoples should be represented in a permanent forum for
indigenous peoples.
B. INDIGENOUS ORGANIZATIONS
CENTRO DE CULTURAS INDIAS, CHIRAPAQ, PERU
[12 May 1994]
[Original: SPANISH]
In a letter dated 12 May 1994, Chirapaq expressed
satisfaction at the proposal to establish a permanent forum
and suggested that the United Nations prepare a preliminary
document looking at the following points: frequency;
membership, the role of indigenous representatives, the role
of Government representatives, financing and the role of the
forum.
INSTITUTO QECHWA JUJUY MANTA
[16 May 1994]
[Original: SPANISH]
After hearing suggestions from local residents participating
in the Quechua-language workshops in the towns of north-west
Argentina, San Salvador de Jujuy, Tilcara, Purmamarca,
Maimara and Humahuaca, we can inform you that:
(a) It is a sound idea to establish a permanent forum
for indigenous peoples, but it must be attended by
authentic indigenous representatives and not by the
inveterate travellers who trade in our culture;
(b) The representatives must be people with established
residence in the indigenous communities - Indians
from the canyons, the Puna, the foothills or the
coast - and not people from Buenos Aires who say
they are working for the "Indians", although they
have so far done nothing at all to help us;
(c) The permanent forum should have an accounts panel
to deal with financial matters, for this is an area
in which the Indians of this part of the Argentine
nation experience difficulties;
(d) After due consideration, we could accept 4 November
every year as the International Day of Indigenous
People because of that date's association with the
blow struck for freedom by our immortal
predecessor, Jose Gabriel Condorcanqui Tupac Amaru
II and the magnitude of its repercussions and its
meaning for us Indians.
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