UN DOCUMENT:  Distr. LIMITED E/CN. 4/1998/WG. 15/CRP.3
11 December 1998   English on1y

COMMISSION ON HUMAN RIGHTS
Fifty-fifth session
Working Group established in accordance with Commission
on Human Rights resolution 1995/32 of 3 March 1995
Fourth session   Geneva, 30 November - 11 December 1998                                        

INDIGENOUS ISSUES


Draft report of the working group
established in accordance with Commission on Human Rights resolution 1995/32


Chairperson-Rapporteur: Mr. José Urrutia Peru

68. With regard to articles 15, 16, 17 and 18, the Chairman-Rapporteur asked the governmental delegations to hold informal consultations in order to try to consolidate the different proposals presented by governments at the third session of the working group, with the view of facilitating the discussion and adoption during the present session. As a result of these consultations, attended by a large number of governmental delegations, the Chairman-Rapporteur received an informal paper where different positions pertaining to these articles were reflected. The paper indicated that some States could accept the original wording of some or all of the above- mentioned articles, while other States made the proposals contained in annex 1 of this report.


69. The Chairman-Rapporteur presented the paper to the working group as a basis for discussion on articles 15,16,17 and 18.


70. With regard to article 15, alternative wording to the term "indigenous children" was suggested. Alternative wording such as "indigenous individuals", "persons belonging to indigenous groups/peoples" were proposed. With regard to the level and form of education some suggested that indigenous peoples should have such rights "on at least the same basis as the other members of the national society/community." Some delegations proposed that indigenous children living outside their communities should have 'reasonable access' to education in their own culture and language, rather than "have the right to be provided access" to such education. The was no consensus among governments with regard to whether to use "should" and "shall" in this article, as well as in other articles of the draft declaration. This reflects the unresolved question of whether the declaration should be aspirational only, without establishing any firmer obligations. The suggested language is reflected in annex 1.


71. With regard to article 16, some governments proposed that the wording "States shall" should be added to establish an obligation and to place the obligation on the States. When talking about the obligation of the States, some proposed the addition of "at the appropriate level" in order to reflect the federal systems of some countries. The suggested language is reflected in annex 1.

72. With regard to article 17, some governments proposed that indigenous peoples should have the right "on the same basis as other members of the national society" to establish their own media in their own languages. The suggested language is reflected in annex 1,

73. With regard to article 18, some governments proposed to include an alternative wording which reflects that international as well as national labour law expresses rights in term of the individual rather than collectivities. The suggested language is reflected in annex 1.


74. The Chairman-Rapporteur noted that indigenous representative had stated their strong support to articles 15, 16, 17 and 18 as currently drafted, and that they had called for the adoption of these articles in their present form. See annex 2, in which the current wording is reflected.


75. Some indigenous representatives expressed the view that they would be open to considering any proposal that may strenghten the text of these articles.


76. The Chairman-Rapporteur said that the results of the three informal meetings on articles 15, 16, 17 and 18 had been positive and encouraging. He noted the fruitful exchanges of views and that there is a growing consensus in regard to these articles. He noted that broad consensus on the underlying principies of these articles did not necessarily mean thet there was consensus on the final wording. There was a consensus among governmental delegations that these proposals, as contained in annex 1, should be taken into account in the future work on the draft declaration.


77. The Chairman-Rapporteur recalled and supported the suggestion made by several delegations as well as the High
Commissioner for Human Rights that regional consultations be held between governments and indigenous peoples in an effort to facilitate the process of building further consensus prior to the fifth session of the working group. He agreed, on behalf of the working group, to follow-up the matter of regional consultations with the High Commissioner for Human Rights as soon as possible.