21 septembre 2010

The Human Rights Council today took up indigenous issues, holding a general debate on human rights bodies and mechanisms, which mainly focused on indigenous issues, hearing an introduction of reports by the Secretary-General and the High Commissioner for Human Rights and her Office on indigenous issues, as well as reports of the Expert Mechanism on the Rights of Indigenous People, and concluding the interactive dialogue with the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples.

Marcia Kran, Director of the Research and Right to Development Division, Office of the High Commissioner for Human Rights, introducing the reports of the Secretary-General and the High Commissioner for Human Rights and her Office, said that proposed initiatives such as the expansion of the mandate of the Voluntary Fund for Indigenous Populations could further enhance the visibility of indigenous issues in the Human Rights Council and treaty bodies. With its current mandate, the Voluntary Fund could support participation of indigenous peoples representatives in the Expert Mechanism on the Rights of Indigenous Peoples and the Permanent Forum on Indigenous Issues.

Jose Carlos Morales, Chairperson of the Expert Mechanism on the Rights of Indigenous Peoples, introducing the report on the Third Session of the Expert Mechanism that had taken place in Geneva in July 2010 , said that this Expert Mechanism was an important place for the indigenous people, as its main role was to advise the United Nations bodies and feed its decisions in the United Nations General Assembly. In this context, the Expert Mechanism was in a position to help the Human Rights Council in fulfilling its mandate of the protection of human rights of all in an equitable and fair manner. Some 600 accredited participants took part at the Third Session, Mr. Morales said, which included States, United Nations agencies and non-governmental organizations.

In the general debate on human rights bodies and mechanisms, speakers said the draft Principles and Guidelines for the elimination of all forms of discrimination against persons affected by leprosy and their family members, which were forwarded by the Advisory Committee of the Human Rights Council, would contribute significantly to efforts to eliminate this discrimination. Human rights bodies and mechanisms made crucial contributions through their work and speakers supported the work of Independent Experts and Special Rapporteurs whose works, reports and presentations not only informed the work of the Council, but also helped countries better promote and protect human rights at home. The progress of the study by the Expert Mechanism on the Rights of Indigenous Peoples on indigenous peoples and the right to participate in decision making was welcomed. On promoting cooperation with the Special Procedures of the Human Rights Council through the universalization of the standing invitation, speakers said that progress had been made in the past year with the number of countries extending standing invitations continuing to grow. States were urged to fully cooperate with the Special Procedures of the Human Rights Council. Concern was expressed about the escalation of reprisals against human rights defenders who cooperated with United Nations mechanisms. Support was expressed for the work on the human rights of indigenous peoples carried out by the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur, and by the Office of the High Commissioner for Human Rights.

Speaking in the general debate were China, Japan, Guatemala, Chile, United States, Argentina, Australia, Latvia, Honduras, Denmark and the Sovereign Military Order of Malta.

The following national human rights institutions and non-governmental organizations also took the floor: Coordinating Committee of National Human Rights Institutions, International Indian Treaty Council, France Libertés: Fondation Danielle Miterrand, Foundation for Aboriginal and Islander Research Action, International Organization of Indigenous Resource Development, International Committee for the Indians of the Americas, World Association of the School as an Instrument of Peace, International Working Group for Indigenous Affairs, Colombian Commission of Jurists, International Service for Human Rights, Society for Threatened Peoples, Permanent Assembly for Human Rights, Amnesty International, Indian Council of South America, International Club for Peace Research, European Union of Public Relations, International Institute for Peace, Commission to Study the Organization of Peace, Liberation, Mbororo Social and Cultural Development Association of Cameroon, Centre for Human Rights and Peace Advocacy, Rencontre Africaine pour la défense des droits de l'homme, Cairo Institute for Human Rights Studies, North-South XXI and Syriac Universal Alliance.

Paraguay and Panama spoke in right of reply.

In the interactive dialogue with James Anaya, the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples, speakers said that Mr. Anaya devoted much of his report to an analysis of corporate responsibility with respect to indigenous people's rights. States had the obligation to protect against human rights abuses committed by third parties, and bore the main responsibility to conduct consultations with indigenous peoples, however, third parties had the responsibility to respect the rights of indigenous peoples, and corporations should ensure that they did not contribute to violations of those rights. United Nations bodies should give greater attention to the issue of reparations from corporations. It was also noted that dissemination and training should be incorporated at the national and community level, and should include indigenous work and company organizations as well as academic centres. The knowledge of the rights of indigenous peoples should be broadened, and this would contribute to understanding as well as social peace. Speakers asked the Special Rapporteur to describe how initiatives aimed at respecting the rights of indigenous people, as set out in the United Nations Declaration on the Rights of Indigenous Peoples, could be promoted and how best to engage private companies in the promotion and protection of the human rights of indigenous people.

In closing remarks, Mr. Anaya said he was encouraged by the spirit of constructive dialogue in which responses from Governments were made, and the expressions of willingness for continued cooperation, but he reminded all of the ongoing problems and challenges in the reports, many of which involved grave situations of the human rights of indigenous peoples in the countries he had visited. More needed to be done for indigenous peoples to be aware of their rights, in particular the right to self-determination, and to participate in consultations on matters affecting their rights. Different kinds of initiatives were required to engage companies with regard to their duties towards indigenous peoples, and there was a need for greater interaction between what appeared to be two parallel dialogues, one within companies on what their responsibilities may be, and one within indigenous communities about the lack of responsibility within companies for indigenous peoples' rights.

Speaking in the interactive dialogue with the Special Rapporteur were Norway, Russian Federation, New Zealand, Guatemala, Chile, Zimbabwe, Bolivia, the European Union, Denmark, Brazil, Nepal, Mexico, China, the United States and Malaysia. Non-governmental organizations speaking during the interactive dialogue included the Asian Forum for Human Rights and Development, the International Indian Treaty Council, the Colombian Commission of Jurists, the Indian Council of South America and the Foundation for Aboriginal and Islander Research Action.

The Special Rapporteur presented his reports on Monday, 20 September and the summary of his presentation can be found in press release HRC/10/100

The Council today is holding three back-to-back meetings. The proceedings in this press release cover the meetings from 9 a.m. to 11 a.m. and from 1 p.m. to 3 p.m. In a meeting from 11 a.m. to 1 p.m., the Council will consider the outcomes of the Universal Periodic Review of Kyrgyzstan and Guinea. At 3 p.m., the Council will consider the outcomes of the Universal Periodic Review of Lao People's Democratic Republic, Spain and Lesotho.