THIRD COMMITTEE DISCUSSES INDIGENOUS ISSUES

UNCLAS USUN NEW YORK 000975 DEPT FOR IO/HR, DRL/MLGA, PRM/PIP, S/GWI SIPDIS E.O. 12958: N/A TAGS: PREL PGOV PHUM SOCI UNGA BH MY WS VE CO SUBJECT: THIRD COMMITTEE DISCUSSES INDIGENOUS ISSUES ¶1. SUMMARY: Addressing the Committee for the first time as Special Rapporteur on human rights and fundamental freedoms of indigenous people, James Anaya said the Declaration on the Rights of Indigenous Peoples (DRIP),adopted by the General Assembly two years ago, provided a clear normative framework for promoting and protecting the rights of indigenous peoples, which had historically been denied. Representatives from 28 delegates spoke, including several international organizations. END SUMMARY. ¶2. Anaya said the DRIP took basic human rights principles that were applicable to all, and elaborated on them in specific, historical, cultural, political and social contexts. He described it as a "fundamentally remedial" instrument that aimed to overcome the marginalization and discrimination that indigenous peoples had systematically faced across the world due to colonization, conquest and dispossession. He focused his work on four areas: 1) promoting good practices, 2) conducting thematic studies, 3) writing country reports, and 4) responding to cases of alleged human rights violations. ¶3. During the discussion a number of speakers voiced concerns over the variety of bodies addressing indigenous issues within the UN system. The U.S. representative suggested that overlapping mandates could frustrate efforts to address allegations of human rights abuses. Still others, such as the representative of Belize, who spoke on behalf of the Caribbean Community (CARICOM),said clarity was needed on ways that would allow participation of indigenous peoples in the Organization's work, and in the context of the three indigenous mechanisms. Malaysia's representative stressed that the cause of indigenous rights was not assisted by a "de facto" attempt of the Permanent Forum to change the legal understanding of the DRIP and its mandates through its General Comment at its May session. He further said that debate had harmed and delayed acceptance of the Declaration as a set of principles, ideals and rights that all Member States could fully accept. ¶4. The representative of Samoa took the opportunity to officially announce her Government's decision to formally endorse the DRIP. She said the decision had been made as a sign of Samoa's commitment to the human rights of indigenous peoples at both the domestic and international levels. ¶5. The delegate from Venezuela said that the seven U.S. military bases that the Colombian Government was hosting in its territory further compounded violence against indigenous people. She said that U.S. troops had immunity under Colombian law and asked if the Special Rapporteur thought that foreign military presence in Colombia might compound the negative effects of armed conflict there. She also asked if the immunity enjoyed by the military and its civilian contractors would affect the situation in neighboring countries. ¶6. Responding, Anaya said he coordinated with the Permanent Forum, especially in relation to company activity in extractive industries, because, in its 2008 report, the Permanent Forum had asked him to look into it. In regard to the Expert Mechanism, he noted that it had the primary function of engaging in research-based studies of indigenous peoples' rights and had used it in that way. He said he was also working with regional groups, such as the Inter-American Commission and had sought to pass information to the Commission on cases it was reviewing for specific allegations of violations. ¶7. Regarding Venezuela's questions about Columbia, he said he remained concern about Colombia's indigenous peoples, but would not comment further, since the report was still being developed and he continued to be engaged with the Colombian Government. Rice