(WGIP 98, Report)
V. STUDY ON INDIGENOUS PEOPLES AND THEIR RELATIONSHIP TO LAND
In introducing agenda item 9 entitled "Consideration of the working paper of the
SpeciaI Rapporteur of ihe Sub-Commission on indigenous peoples and their relationship to
land," Prof. Erica-Irene A. Daes, in her capacity as the Special Rapporteur informed
the Working Group about the progress she had made in her work. She said that she had
submitted a preliminary working paper on this matter (E/CN.4/Sub.2/1997/17) to the
forty-ninth session of the Sub-Commission. She recalled resolution 1997/114 of 11 April
1997 entitied "Study on indigenous land rights", in which the Special Rapporteur
is requested lo transmit her preliminary working paper to indigenous organizations and
Governments for their comments which the Special Rapporteur should take into account in
preparing her final working paper. She informed the Working Group that, although,
receiving very few comments from indigenous organizations and Governments, she has
prepared a progress report to be submitted to the fiftieth session of the Sub-Commission.
She informed the participants that the progress report was available at the meeting, but
as a conference room paper only.
The Special Rapporteur invited the participants to comment on her progress report. However
she proposed that the Working Group defer the consideration of her study to the
seveflteenth session of the Working Group, in
order to enable more indigenous organizations and Governments to submit their comments to
the Special Rapporteur.
Prof. Miguel Alfonso Martinez endorsed the proposal to defer the consideration of the
working paper until the next session of the Working Group. He emphasized the importance of
receiving comments and suggestions from as many as possible indigenous organization and
Governments, even during the present session if, as he thought, there were participants
that were ready to intervene in ihe debate on ihe land issue..
An indigenous representative from Canada thanked the Special Rapporteur for the work she
is carrying out on indigenous land rights. She invited the Special Rapporteur to visit the
Akaitche territory in Canada.
An indigenous representative from Chile expressed his thanks to the Special Rapporteur. He
said that he hoped that Prof. Erica-Irene A. Daes will continue her work and cover all
aspects of the question related to indigenous land rights. He said that the work of the
Special Rapporteur is very important to the Mapuche people in Argentina and Chile.
Furthermore, he said that if the concept of indigenous relations to their
ancestral land were strengthened, it would be an innovation to international law.
Several indigenous representatives referred to the problem of extinguishment of indigenous
land rights, and recommended that the Special Rapporteur pay particular atiention to this
problem in her final working paper.