Inuit Circumpolar Conference
Presentation by Mr. Hjalmar Dahl,
to the 5Oth session of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities.
August 17, 1998
Item 7
Thank you Mr. Chairman for allowing me to take the floor on the item regarding Human
Rights of Indigenous Peoples and their relationship to land.
My name is Hjalmar Dahl and I represent Inuit Circumpolar Conference which is an
international organization for approx. 115.000 Inuit living in Greenland, Alaska, Canada
and Chukotka in the Russian Federation.
Mr. Chairman, Unfortunately, we have not been able to attend the 16th session of the
Working Group on Indigenous Populations this summer because of the convening of our
own Conference, which took place in Nuuk, Greenland from July 24 to 31. During our
conference we had participation from all our regions in the Arctic as well as by other
indigenous peoples from other parts of the world like Australia, Belize and Scandinavia.
One of the main issues discussed during the conference was indigenous peoples rights and
United Nations as well as how to proceed the work we have been apart of since the
establishment of the UN~Working Group on Indigenous Population 16 years ago.
Mr. Chairman,
Regarding the Draft Declaration on the Rights of Indigenous Peoples
adopted by the WGIP back in 1994 and endorsed through res. 1994/45 by this commission same
year and now is in the hands of the members of the Commission on Human Rights, the
Commission on Human Rights established an Inter-sessional Working Group to reconsider the
provisions of the Draft Declaration on the Rights of Indigenous Peoples. The Working Group
will convene it's 4th meeting this coming fall and the position of the Inuit Circumpolar
Conference is unchanged. The recommendation and mandate we got from our people during our
conference this sununer was to protect and support the draft declaration as adopted by the
WGIP and the Sub-Commission. We
are considering the provisions of the draft declaration as minimum standards on the rights
of indigenous peoples and will not accept any attempts to weaken the draft.
Mr. Chairman,
It is essential to us that we the indigenous peoples have the right to self-determination
and freely can determine our political status and freely pursue our economie, social and
cultural life and development.
The question on a Permanent Forum for Indigenous Peoples within the U.N.
system is also an important area for serious consideration. As you may be aware Mr.
Chairman, through a resolution 48/163, the General Assembly requested the Commission on
Human Rights to give priority to considering the establishment of a Permanent Forum for
indigenous peoples in the U.N. system. Two workshop have been held regarding the question
and the Commission on Human Rights, in its resolution 1998/20 decided to establish an
open-ended inter-sessional ad hoc working group to elaborate and consider further
proposals for the possible establishment of a permanent forum for indigenous peoples
within the U.N. system. We feel that it is of utmost
important if such a forum become a reality. The upcoming session of the ad hoc working
group will show, wether the recornmendations from the two consultations will be followed.
It is important to the indigenous peoples that such a forum be given an equal
participation by the indigenous peoples and governments and such a forum becomes a partner
to other UN agencies within the UN regular budget. Regarding the placement, the forum
should be placed in the highest possible level of the UN system f. ex. in direct reference
to ECOSOC.
Mr. Chairman,
In conclusion I would like to make few comments on the "Study on treaties,
agreements and other constructive arrangements between States and indigenous
populations" of the Special Rapporteur Mr. Martinez and a preliminary
working paper entitled "Human Rights of Indigenous Peoples - Indigenous Peoples and
their relationship to land" of Special rapporteur Madame Erica Irene Daes.
It is very unfortunate that we could not get a copy of the Study on Treaties. .as working
paper to this session. But we have learned that the report have been presented to the WGIP
and gave reason to a controversial discussion. I understand, because it is not a
comprehensive study for several indigenous groups as well as to us from Greenland, where
our Home Rule arrangement with Denmark was included in the study. We have got a copy of
the statement by Denmark and Greenland Home Rule during the considerations of the
preliminary report of the special rapporteur of the Sub-Commission on Treaties, Agreements
and other Constructive Arrangements between States and Indigenous Populations at the
session of the WGIP prior this session of the
Sub-Commission. We fully agree with the corrections regarding the Home Rule agreement in
Greenland given through that statement and hope that the factual corrections will be
included in the final official version of the study, which I believe can become a very
important document to the decolonization.
Allow me, Mr. Chairman to express our surprise concerning the definition of indigenous
peoples as indicated in this treaty study. We do not consider the exclusion of basically
all indigenous peoples in Asia and Africa as the outcome of a proper analysis. We further
have the fear that the study in this respect will be used by some governments to play the
well-known divide - and - rule policy towards indigenous peoples - a situation otherwise
dealt with by the study. In such a study misconceptions and factual errors should not be
allowed to overshadow the fact that the Greenland Home Rule as a constructive arrangement
clearly have shown its ability to further the
general interests of the indigenous peoples of Greenland. There is no doubt that the
Greenland Home Rule arrangement started a process in itself initiating the future
foundation for nationbuilding.
In closing, I would like to welcome the excellent preliminary working paper of Special
Rapporteur Madame Erica Irene Daes entitled "Human Rights of Indigenous
Peoples - Indigenous People and their relation to Land". Her work will
contribute to better understanding in regards to the conditions indigenous peoples are
living under and Inuit Circumpolar Conference wants to contribute to her further work with
a book produced by the Inuit Circumpolar Conference entitled "Principles and Elements
for a Comprehensive Arctic Policy".
Thank you Mr. Chairman.
Qujanaq.