Editors --- "Working Group on Indigenous Populations - Human Rights of Indigenous Peoples - Digest" [1998] AUIndigLawRpr 12; (1998) 3(1) Australian Indigenous Law Reporter 139

• VIII. Conclusions And Recommendations
  • A. Standard-setting
  • B. Review of developments
  • C. Land rights study
  • D. Treaty study
  • E. International Decade of the World's Indigenous People
  • F. Permanent forum
  • G. Meetings and other matters

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Working Group on Indigenous Populations - Human Rights of Indigenous Peoples

The fifteenth session of the UN Working Group on Indigenous Populations (WGIP) was held in Geneva
28 July-11 August 1997. The conclusions and recommendations adopted by the WGIP are reproduced below (UN Doc E/CN 4/Sub 2/1997/14 Part VIII).

VIII. CONCLUSIONS AND RECOMMENDATIONS

A. Standard-setting

128. The Working Group reaffirmed its view that the agenda item on standard-setting constituted a fundamental part of its mandate.

129. The Working Group welcomed the exchange of views regarding the concept of "indigenous peoples" and noted the general consensus among the participants that a definition of "indigenous peoples" at the global level was not possible at this time, and certainly not necessary for the adoption of the draft United Nations declaration on the rights of indigenous peoples.

130. The Working Group decided that at its sixteenth session it would discuss under this item of its agenda possible future standard-setting activities, in particular guidelines or codes of conduct for private sector energy and mining concerns. It therefore decided to include on the agenda of the next session a sub-item entitled "Possible future standard-setting activities, including guidelines or codes of conduct for private sector energy and mining concerns".

B. Review of developments

131. The Working Group restated its view that the agenda item on "review of developments" was a vital, positive and constructive part of its mandate. It further noted that the agenda item provided a unique opportunity internationally for indigenous peoples, Governments and United Nations bodies and specialised agencies to exchange views and information and to build understanding.

132. The Working Group expressed its gratitude to all participants for their efforts to attend and make contributions to its work. The difficulties and expenses of travel by indigenous representatives were acknowledged.

133. The Working Group also welcomed the participation of observer Governments, including several high-level representatives, their continuing involvement and the detailed information they provided to the Working Group. In this respect the Working Group warmly welcomed Senator John Herron, the Minister of Aboriginal and Torres Strait Island Affairs of Australia.

134. The Working Group expressed its appreciation to the World Health Organisation for its continuing support and involvement in the issue of indigenous peoples and health both in the plenary sessions and in the informal special activities which took place outside the conference room. It also welcomed the participation of other organisations of the United Nations system in particular the International Labour Organisation and their positive and constructive contributions.

135. The Working Group considered that the debate on the sub-items relating to "environment, land and sustainable development" and the working paper of the Special Rapporteur on the study on indigenous people and their relationship to land provided comprehensive information to members and participants. It was noted that there continued to be serious problems for indigenous peoples in this regard. However, certain developments described by observer governments confirmed a growing concern and commitment to resolving land issues.

136. The Working Group decided to recommend to the Sub-Commission that it invite Governments, the United Nations system, indigenous and non-governmental organisations, as well as relevant academic institutions to contribute information concerning land rights to the Special Rapporteur on the study on indigenous people and their relationship to land prior to the sixteenth session of the Working Group.

137. The Working Group decided to highlight the issue of "indigenous peoples: education and language" at its sixteenth session with the understanding that participants can refer to general issues in their statements. In this regard it decided to encourage and invite United Nations Educational, Scientific and Cultural Organisation to make its contribution both substantively and through the participation of the relevant experts and staff in the Working Group's next session.

138. The Working Group decided to reorganise the discussions under the item "Review of developments" to assist participants to focus on specific issues. Consequently, the Working Group decided to include on its agenda the following separate items: "Review of developments: general statements"; "Review of developments: indigenous peoples -- education and language"; "Review of developments: health and indigenous peoples".

C. Land rights study

139. The Working Group congratulated the Special Rapporteur, Ms. Erica-Irene A. Daes, on the study on indigenous people and their relationship to land for her working paper. It also welcomed the comprehensive and constructive comments offered by participants.

140. The Working Group decided to include on its agenda a new item entitled "Study on indigenous people and their relationship to land".

D. Treaty study

141. The Working Group expressed its appreciation to the Special Rapporteur for his work on the study on treaties, agreements and other constructive arrangements between States and indigenous populations. It took note of his explanation of the reasons for not having submitted his final report before the present session and expressed the hope that the final report would be submitted before the end of 1997. It also welcomed the general comments of observer Governments and indigenous peoples, as well as their observations on the third progress report.

142. The Working Group welcomed the assistance provided to the Special Rapporteur by the Government of New Zealand and Maori organisations and individuals, and other personalities in Aotearoa/New Zealand to facilitate his visit to that country as part of the preparation of his final report.

E. International Decade of the World's Indigenous People

143. The Working Group welcomed the recommendation by the Commission on Human Rights in its resolution 1997/32 that the High Commissioner for Human Rights assume responsibility for coordination of the International Decade. It also expressed its willingness to cooperate with the Coordinator in the realisation of the programme of activities of the Decade.

144. The Working Group expressed its congratulations to the Advisory Group for the Voluntary Fund for the International Decade for the work it had accomplished, for the initiatives it had taken and for the transparency of its working methods. The Working Group further urged the members of the Advisory Group and the Board of Trustees to make every effort to attend the meetings to which they are invited.

145. The Working Group expressed its appreciation to the Government of Spain for its offer to host the Workshop of Indigenous Journalists in Madrid in the early part of 1998 and recommended that the Working Group be represented.

146. The Working Group recalled the recommendation of the General Assembly in its resolution 50/157 that there be a review of the Decade in 1999 and decided to include a sub-item entitled "Preparations for the mid-point review of the Decade".

147. The Working Group welcomed the recommendation made by the Commission on Human Rights in its resolution 1997/32 that the High Commissioner/Centre for Human Rights convene a workshop for research and higher education institutions focusing on indigenous issues.

148. The Working Group expressed its continuing concern about the financial status of the voluntary funds for indigenous peoples. In this respect, it recommended to the High Commissioner when she takes up her appointment to consider holding a special fund-raising meeting with interested Permanent Missions and the members of the Advisory Group to encourage financial contributions to the voluntary funds as well as secondments of qualified staff, including indigenous persons, to assist with the work of the Office of the High Commission relating to the indigenous programme.

F. Permanent forum

149. The Working Group expressed its deep appreciation to the Government of Chile for hosting the second workshop on the permanent forum for indigenous people in the United Nations. It also congratulated the participants on the substantive discussions and the results obtained.

150. The Working Group welcomed the report of the second workshop on the permanent forum, and expressed its appreciation to Mr Christian Mariqueia, Chairperson, and Mr Kuupik Kleist, Rapporteur of the workshop, for bringing the report to the Working Group's attention. The Working Group endorsed the recommendation of the Santiago workshop that the Commission on Human Rights at its fifty-fourth session consider how to further the process towards the establishment of a permanent forum for indigenous people in the United Nations, inter alia through the drafting of concrete proposals to this effect and bearing in mind the possibility of submitting the matter to ECOSOC for action.

151. The Working Group decided that at its sixteenth session it would focus on the questions of the membership, participation in and mandate of a possible permanent forum, including issues such as equitable geographical distribution on the basis of where indigenous peoples live and the open and authentic representation of indigenous nations, peoples, organisations and communities.

G. Meetings and other matters

152. The Working Group welcomed the establishment by indigenous peoples of a committee on indigenous health issues for future cooperation with the Office of the High Commissioner, the Working Group and the WHO.

153. The Working Group decided to consider the following items at its sixteenth session: "Standard-setting activities"; "Review of developments: general statements"; "Indigenous peoples: education and language"; "Indigenous peoples and health -- recent developments"; "Study on indigenous people and their relationship to the land"; "Study on treaties"; "International Decade of the World's Indigenous People"; "Permanent forum"; and "Other matters".

154. The Working Group expressed its gratitude to the Secretariat for the preparations for its fifteenth session and requested that an annotated agenda be prepared, as in previous years, for its sixteenth session.

155. The Working Group expressed its gratitude to the Department of Public Information, and in particular to its Director, for the valuable assistance in providing important background information and press releases concerning indigenous issues.

156. In her closing statement, the Chairperson-Rapporteur congratulated the participants on the work accomplished and reminded them that consultations among members of the Working Group would be continued during the forty-ninth session of the Sub-Commission. She reiterated her commitment to look for ways to make the sessions more fruitful. She provided participants with information relating to the Working Group: 44 observer Governments took part in the meeting together with 13 United Nations and intergovernmental organisations and 281 indigenous nations, communities, non-governmental organisations and individuals. A record attendance of 887 persons had attended.

157. As far as the substantive items were concerned, the Chairperson-Rapporteur thanked all participants for their statements on item 4 about the concept of "indigenous peoples". She encouraged participants to provide information for the working paper on indigenous peoples and their relationship to land. It would be helpful if the question of health were maintained on the agenda; she expressed her appreciation for the workshop on substance use held by Canada during the session and congratulated indigenous peoples for establishing a health committee.

158. Ms Daes expressed her warmest thanks to the Special Rapporteur on the study on treaties. She also reiterated her interest in the final report to be submitted by the Special Rapporteur. She expressed her satisfaction at the fruitful exchange of points of view which had characterised the discussion on item 7. She hoped that Governments would provide support to the initiatives undertaken by indigenous peoples. She expressed once again her gratitude to the Government of Chile in hosting the workshop on the permanent forum and the Chairman, HE Ambassador Cristian Maquieira, for the excellent way in which he had conducted the deliberations of the workshop and his personal contribution to the constructive and fruitful consideration of the different aspects of the permanent forum. She also thanked Mr Kleist, Rapporteur of the second Workshop. Finally, she stated that the General Assembly and ECOSOC were the most appropriate organs for developing the different aspects of the permanent forum. In conclusion, she wished all participants a safe return to their homes and countries.