(WGIP 98 Report)

III. STANDARD-SETTING ACTIVITIES:

EVOLUTION OF STANDARDS CONCERNING THE RIGHTS OF INDIGENOUS PEOPLES



A Possible future standard-setting activities including principles and guidelines for private sector energy and mining concerns


The Observer of the Philippines informed the Working Group about the adoption of the Indigenous Peoples Rights Act (Republic Act No. 8371), which came into force on 29 October 1997. He informed the Working Group about the key provisions, inter alia, those pertaining to land and resource rights, and the right to self-governance. He said that the Act states that the State shall protect the rights of indigenous peoples and communities to their ancestral domains to ensure their economic, social and cultural well-being and shall recognize the applicability of customary laws governing property rights. Furthermore, that indigenous peoples and communities shall have priority rights in the harvesting, extraction, development or exploitation of any natural resources within their ancestral domains. Moreover, that the State recognizes the inherent right of indigenous peoples and communities to self-governance and self-determination and respects the integrity of their values, practices and institutions. Under this set of rights are: the right to use their own commonly
accepted justice system, conflict resolution institutions and other customary laws and practices, and the right to determine and decide priorities for development.

The European Parliament Rapporteur on a European Code of Conduct for European Enterprises said the European Union must take greater responsibility for the activities of its Companies in third countries. Because there are more transnational corporations with headquarters in Europe, than in North-America and Japan, and due to the fact that European public opinion will not tolerate double standards where companies working in indigenous lands flout labour or environmental rules which would be illegal in the European Union itself.
He said that the development of a model European code of conduct could be one way of approaching the matter. Such a code of conduct could be based on a set of accepted international standards, including ILO Convention No. 169 on Indigenous and Tribal Peoples, to which companies could voluntarily adhere.

An indigenous person informed the Working Group about the recent establishment (February 1998) of the World Commission on Dams. She spoke in her capacity as a member of the Comrnission. She stated that this new organ is an independent international commission aiming (1) to review the development effectiveness of large dams; (2) to assess options for water resources, energy and river basin development; and (3) to develop internationally accepted criteria and guidelines for planning, construction, operations, monitoring and decommissioning of large dams. She said that the Commission will work for the next two years through in depth case studies, thematic studies, public hearings and consultations, task forces, panels and meetings to produce an interim report in June 1999 and a final report in June 2000.

An indigenous representative spoke about a workshop on tourism and indigenous peoples which was held during the session of the sixteenth session of the Working Group. She presented the following recommendations from the Workshop: (1) tihat the theme "tourism and indigenous peoples" should be included in the agenda of the seventeenth session of the Working Group; (2) the UN should organize an international conference on tourism and indigenous peoples; (3) the World Tourism Organization should include the issue of indigenous peoples in their Global Code of Ethics of tourism; (4) the issue of indigenous peoples and tourism should be included in the policy draft of the European Union. Furthermore, the Workshop requested the Sub-Commission to adopt a resolution on "tourism and human rights." In this regard it was said, inter alia, that it should be taken into account that indigenous peoples are particularly vulnerable to resource alienation associated with tourism development.

An indigenous representative from Latin America said that natural and cultural resources are essential to all indigenous peoples. He also said that indigenous right to control their own natural resources is an important part of their right of self-determination. It was said that the relevant provisions in the draft declaration on the rights of indigenous peoples should be respected by governments. Another indigenous representative from Latin America focused on the problems faced by indigenous peoples due to the activities of gas and oil companies in traditional indigenous territories. He stated that some indigenous peoples in his country are
facing serious problems due to a gas pipeline which crosses rivers and goes through sugar cane fields in traditional indigenous territories.

An indigenous representative from Australia stated that indigenous peoples and private enterprises can achieve partnership. He said that in his country there is a significant history of agreements between mining companies and indigenous peoples over exploration and mining on indigenous peoples' lands. However, it was said that indigenous peoples cannol negotiate effectively if they have no rights. He said that the growth in agreements in Australia is directly the result of the right to negotiate achieved by indigenous land holders under the 1993 Native Title Amendment Act.

An indigenous representative from Asia informed the Working Group about displacements of indigenous peoples due to mining, power plants, dams and similar undertakings. He said that several millions of indigenous peoples have been displaced from their lands due to such activities. He stressed that displacement should take place only with the full and informed consent of the peoples concerned. It was also said that the affected peoples must be adequately compensated for lost land. This means land for land and forest for forest of similar quantity and quality.

An indigenous representative from the Philippines said that the current Mining law in this country states that mining companies shall enter into a dialogue and gain the consent of indigenous peoples before they proceed. He said that these requirements are normally not implemented in good faith by companies. As an example, he mentioned a case involving the mining company Rio Tinto which he stated has been ignoring the opposition of the indigenous Subanen Leaders Forum to its exploration project covering an area of 600,000 hectares of the
Subanen ancestral territory.

An indigenous representative from Panama said that most of the development programmes in his country are planned and executed without the participation of indigenous peoples. He stated that the Government of Panama recently signed a contract with a Canadian company to develop copper in an indigenous area, without the consent or knowledge of the indigenous peoples living in that area.

An indigenous representative from Canada said that if there is going to be any international standards developed with regard to energy and mining concerns, indigenous peoples expect that they will be involved as full partners. It cannot be done unilaterally by companies, the Working Group, Governments or the United Nations. She said that indigenous peoples want to be equal partners.

Mr. Miguel Alfonso Martinez said that the debate under this agenda item has shown the need to continue the Working Group's work on developing new standards on these matters. He also said that is extremely important that indigenous peoples participate in the development of such standards, in accordance with the Programme of Action of the 1993 World Conference on Human Rights.

The Chairperson-Rapporteur, Ms. Erica-Irene A. Daes, also underlined the importance of developing standards in this field. She said that such standards are essential for the survival of many indigenous peoples around the world. She said that she in her capacity as the UN Special-Rapporteur on indigenous land rights will take this into account.

TO CHAPTER IV