Working Group on Indigenous Populations

Report of the Chairperson-Rapporteur, Ms Erica-Irene Daes

Unedited english version only

VIII. CONCLUSIONS AND RECOMENDATIONS
A. Review of developments

The Working Group re-affirmed its view that the agenda item on "review of developments" was a fundamental, constructive and positive part of its mandate. It noted, in particular, that this agenda item offered a unique opportunity for the exchange of views and information by governments, indigenous peoples, and United Nations organizations and specialized agencies about the situation of indigenous peoples and communities. The open and comprehensive debate contribued to better understanding and fruitful action.

The Working Group expressed its appreciation to all participants and especially those who had traveled at great expense to participate in the work of the annual session of the Working Group.

The Working Group also welcomed the participation as representatives of senior officials of observer Governments and the detailed information that they provided concerning recent developments in their respective countries.

The Working Group expressed its gratitude to the United Nations Educational and Scientific Organization for its support and involvment in the debate on the principal theme "education and language". In particular, it paid tribute to the Mr Herman Crespo Toral, the Assistant Director of UNESCO, for his wide-ranging, informative and comprehensive statement and the proposals for future cooperation between his organization and the Working Group.

The Working Group also epressed its appreciations of the World Intellectual Property Organization for the Round-table on Indigenous
Knowledge which it organized on 23 and 24 July 1998, prior to the sixteenth session of the Working Group with the participation of a great number of indigenous people representing many countries of the world community.

The Working Group also epressed its appreciations of the participation and contribution of the World Health Organization and the International Labour Office fot their continuing constructive contribution to the discussions and their positive action in support on indigenous peoples' rights. It also expressed its appreciation of the participation of other inter-governmental organizations of the United Nations system which had provided useful information.

The Working Group also epressed further its appreciations to the indigenous, governmental, and non-governmental organizers of the more than 50 informal briefings, workshops, exhibitions and other information activities taking place outside the plenary session. It considers these activities as a useful complementary contribution to its own programme.

The Working Group considered the discussions on the principal theme "indigenous peoples: education and language" as partcularly helpful for its understanding of indigenous issues. It noted the continuing difficulties faced by indigenous peoples in the area of education and the threats to indigenous language. It also noted the many initiatives by Governments to improve access of indigenous peoples to all forms and levels of education and the achievement of indigenous communities in establishing their own schools and institutes of learning.

The Working Group epressed its deepest gratitude to and welcomed the offer made by the Director General of UNESCO, Mr Federico Mayor, that the Working Group hold its seventeenth session at UNESCO Headquarters in Paris. It decided not to take a final decision this year on such an invitation in view of the concerns expressed by a number of indigenous organizations with respect to this idea. It recommended that indigenous delegations consult with their communities and inform the Working Group at its seventeenth session, and the High Commissioner for Human Rights of their views on this matter as soon as possible in the light of the need to secure in Paris similar lodging and technical facilities that are available for them in Geneva so as to secure the largest possible indigenous input in the Working Group's deliberations.

The Working Group agreed to recommand to the Sub-Commission that it request the High Commissioner for Human Rights, in her capacity as Coordinator of the International Decade of the World's Indigenous People, to continue to seek ways of cooperation with UNESCO in particular in respect of possible joint workshops, seminars, projects and programmes in the fields of education and culture of indigenous peoples.

The Working Group decided to highlight the themes of "indigenous peoples and their relationship to land" and "indigenous peoples and health" at its seventeenth session with the understanding that the participants will continue to have an opportunity to provide information of a general character.

The Working Group decided to divide the discussions under "review of developments" under the following items: "Review of developments - general statements"; "Principal theme - Indigenoue peoples and their relationship to land"; "Indigenous peoples and health".

B. Standard-setting activities.

The Working Group affirmed its view that the agenda item on standard-setting also constitued a fundamental part of its mandate.

The Working Group noted the opinions expressed in relation to possible principles and guidelines for private sector energy and minig concerns and agreed to continue to provide an opportunity under this agenda item for further consideration of this question. It decided to request Mr Alfonso Martinez to submit to its eighteenth session a preliminary working paper on the issue in the light of opinions expressed during the debate at its fifteenth and sixteenth sessions.

The Working Group also noted the discussions and proposals related to indigenous peoples and tourism and agreed to include in the agenda of its eighteenth session the item on "Indigenous peoples and tourism".

C. Treaty study

The Working Group epressed its appreciation to the Special Rapporteur for his final report on the study on treaties, agreements and other constructive arrangements between States and indigenous populations which had been made available to participants in an unedited English version.

The Working Group decided to consider the final report of the Special Rapporteur at its seventeenth session when the final report including any revisions that might be made by the autor would be available in all working languages of the United Nations.

The Working Group decided to recommend to the Sub-Commission that it requests the Office of the High Commissioner for Human Rights to organize, in the first quarter of 2000, a seminar on treaties, agreements and other constructive arrangements to provide an opportunity for interested Governments and indigenous peoples as well as the Special Rapporteur to exchange views on the conclusions and recommendations of the study.

D. Land rights study

The Working Group congratulated the Special Rapporteur, Ms Erica-Irene Daes, for her working paper on indigenous peoples and their relationship to land (E/CN.4/Sub.2/1997/17). However, it agreed to defer consideration of her working papers until its seventeenth session in the light of the small number of relies containing comments, information and
data related to the working paper received from Governments and indigenous peoples.

The Working Group encouraged Governments and indigenous peples to send their comments on the working paper of the Special Rapporteur, as soon as possible, so that she can consider them for her future working paper.

E. Permanent Forum.

The Working Group expressed its appreciations of the comments and suggestions made by participants relating to the permanent forum for indigenous people in the United Nations system.

The Working Group encouraged participants, in particular indigenous delegations, to provide their views and comments on the proposed permanent forum to the Office of the High Commissioner for Human Rights so that the information could be available for the ad hoc working group established by the Commission on Human Rights on the permanent forum for indigenous peoples.

F. International Decade of the World's Indigenous People.

The Working Group welcomed the comments and suggestions of participants relating to the International Decade and reaffirmed its willingness to assist the Coordinator of the Decade in the realization of the Programme of Activities of the Decade.

The Working Group expressed its gratitude for the contributions made by Governments and non-governmental organizations to the Voluntary Fund for the International Decade. It also called upon Governments that had not contributed to the Voluntary Fund to assist financially the activities of the Decade.

The Working Group ageed to recommend to the Sub-Commission that it propose to the Commission of Human Rights that a three day technical meeting take place prior to the seventeenth session of the Working Group to undertake the mid-point review of the International Decade as recommended in General Assemby resolution 50/157.

The Working Group expressed its deep appreciation to the Government of Spain for hosting the Workshop of Indigenous Journalists in January 1009. It also encouraged the High Commissioner for Human Rights to consider organizing a follow up workshop to put into practice the recommendations arising from the Madrid Workshop.

The Working Group recommended that the celebration of the International Day of the World's Indigenous People (9 August) be held on the first day of the Working Group at its seventeenth session in order to ensure greater participation of indigenous people.

G. Other matters.

The Working Group willcomed the progress made by the Committee on Indigenous Health as well as the cooperation beeing developed between the Committee and the World Health Organization.

The Working Group decided to consider the following items at its seventeenth session: "Review of developments - general statements"; "Principal theme - indigenous peoples and their realationship to land"; "Indigenous peoples and health - recent developments"; "Standard-setting activities, including possible principles and guidelines for private sector energy and mining entities";"Study on treaties, agreements and other constructive arrangements between States and indigenous
populations"; "Study on indigenous peoples and their relationship to land"; "International Decade of the World's Indigenous People"; "Other matters".

The Working Group decided to organize its work during its 17th session in such a way to avoid extended meetings so as to secure the widest possible attendance in the discussions on all items. Particular attention should be given in this respect to a fair, equitable
distribution of the time available during the session amomg all the participants who may wish to take the floor on every agenda item.

The Chairperson-Rapporteur on behalf of the Working Group and the participants of the indigenous nations and organizations expressed her deep appreciation and gratitude to the Director of the Department of Public Information at the United Nations Office at Geneva, Mme Gastaud, for her invaluable assistance and support of the United Nations work on indigenous issues.

The Chairperson-Rapporteur on behalf of the Working Group and the participants of the indigenous nations and organizations expressed her deep appreciation and gratitude to the secretariat for the preparation for the sixteenth session. The Working Group requested that an annotated agenda be prepared for its seventeenth session.