NEW ZEALAND TO TABLE AMENDMENTS TO DRAFT

UNCLAS SECTION 01 OF 02 WELLINGTON 000769 SIPDIS STATE FOR EAP/ANP AND IO/UNP E.O. 12356: N/A TAGS: AORC PHUM PREL NZ SUBJECT: NEW ZEALAND TO TABLE AMENDMENTS TO DRAFT DECLARATION ON RIGHTS OF INDIGENOUS PEOPLES SUMMARY -------------- ¶1. The New Zealand Ministry of Foreign Affairs and Trade on August 31 unveiled changes to the draft declaration on the Rights of Indigenous Peoples that it intends to propose to the UN Working Group in Geneva. The Ministry, which will table the amended text the week of September 13, said it aimed to keep the changes to a minimum, in an effort to allow for successful implementation by all member states. Its key concerns included ensuring that the text was consistent with human rights laws, that it addressed potential conflicts between individual and collective human rights, and that third-party rights were fully protected. ¶2. The Ministry says that the aforementioned views are widely held by other member nations. Ministry officials anticipate strong support for their proposed changes and say that they should not come as a surprise to the U.S. Government. PROPOSED AMENDMENTS -------------- ¶3. The proposed text amendments were developed in consultation with the Norwegian Government. They will be tabled at the UN Working Group as a joint initiative by New Zealand, Norway, Finland, Denmark, Iceland, Sweden and Switzerland. ¶4. In Article 3, which addresses issues of self- determination and lands and resources, the Ministry has proposed several amendments to ensure the safeguarding of territorial integrity and unity of the state. Included is the proposed addition, to Article 3, of two paragraphs from the 1993 Vienna Declaration and Program of Action. ¶5. Articles 25 and 26 address indigenous issues in relation to land and resources. The Ministry has proposed minor amendments, and deletion, to various text. Despite this, the Ministry maintains that deletion of some text does not lessen the importance of these articles but conversely underlines the fact that, in regards to human rights and land and resources, "one size does not fit all." ¶6. Other proposed amendments involve minor language changes and, of note, involve articles to do with policy- making. NEXT STEPS -------------- ¶7. The Ministry's proposed changes to the draft declaration will be formally tabled at the next UN Working Group session to be held in Geneva the week beginning September 13. ¶8. It is hoped that at this meeting the Director of the UN Working Group will accept the amendments in order for the declaration to be officially adopted and changed into UN language for implementation. It is also hoped that those countries that have been blocking progress on the proposed amendments will show their support. ¶9. The final Working Group meeting for the year will be held in late November or early December. ¶10. The amendments were discussed in a briefing to invited representatives of the Australian, Canadian and U.S. missions in Wellington. OVERVIEW -------------- ¶11. The issue of human rights of indigenous peoples has particular relevance to New Zealand because of the indigenous Maori, who compose about 15 percent of the New Zealand population. The proposed amendments to the draft declaration that New Zealand will table mark the culmination of 10 years of consultation, debate and negotiation. The New Zealand Government hopes that unanimous support of its amendments will bring this text to closure and achieve the changes that are necessary to ensure that individual countries live up to their laws regarding indigenous peoples and for states to formally adopt the declaration. ¶12. The proposed amended text with explanatory notes will be faxed to EAP/ANP and IO/UNP. Swindells