Statement by Mr. Rodolfo Stavenhagen, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

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New York, 19 October 2005

Mr. Chairman,
Distinguished Delegates,
Ladies and Gentlemen,

The report I am presenting to the General Assembly at its sixtieth session offers an overview of my activities and an analysis of the information I have received since I presented my last report to this Committee, one year ago.

On this occasion, it is appropriate and timely to make special reference to the relevance of the Millennium Development Goals for indigenous peoples, in particular Goal 1, to eradicate extreme poverty and hunger, and Goal 2, to achieve universal primary education. I have also referred to some of the major challenges indigenous peoples are facing in terms of protection, including some extremely serious situations of conflict. Indeed, I believe that these are key issues, among others, in the process of defining the activities for the Second International Decade for the World’s Indigenous People.

In the period covered by my report, I visited Colombia, Canada and South Africa, and participated in the 61st session of the Commission on Human Rights. I also accepted invitations from indigenous peoples in various parts of the world and visited their communities, and attended a number of international conferences and seminars on issues relevant to my mandate.

Concerning coordination with other relevant entities, in addition to maintaining regular contacts with other human rights special procedures, I participated in the 37th session of the African Commission on Human and Peoples’ Rights, the fourth session of the Permanent Forum on Indigenous Issues and the 23rd session of the Working Group on Indigenous Populations. I have also held separate meetings with the members of these bodies to maintain close ties of cooperation with them in the context of our respective mandates. Details on these activities are contained in the report you have before you.

Mr. Chairman,

Poverty is one of the gravest human rights violations. It has been particularly devastating for indigenous peoples, since it has kept them locked in a persistent cycle of exclusion. As I have already stressed on numerous occasions, we are dealing with a multidimensional form of poverty that goes beyond the concept of poverty in terms of income.

The available information reveals that poverty and extreme poverty affect indigenous peoples more severely than the rest of the population, both in their communities of origin as well as in urban areas. Poverty indicators for indigenous peoples are generally above the national average. This multidimensionality of poverty that affects indigenous peoples in general but is particularly damaging to indigenous women who suffer double discrimination, cannot be overcome with piecemeal measures and without the input of the communities themselves.

The feminization of poverty is unfortunately also a reality in indigenous communities. Urgent measures are required, and actions that are coordinated with the communities concerned. The eradication of multidimensional poverty requires comprehensive public policies which, unfortunately, to date, the majority of States and multinational bodies have not been able to realize to the benefit of indigenous peoples.

In order to do that, I believe that it is necessary to insist that any effective national or international policy to eradicate poverty should be based on the recognition of and the respect for human rights. One fundamental element of recognition and respect is consultation with the indigenous peoples, undertaken in good faith. Such consultation should be seen as an essential policy input and not a mere formality. This is an urgent task, if we want to achieve the Millennium Development Goals.

Mr. Chairman,

The obstacles to the full enjoyment of all human rights by indigenous communities cannot be understood without taking account of the barriers that exist in our societies that prevent indigenous peoples from fully enjoying the right to education.

In many countries, indigenous children, in particular girls, experience difficulties in obtaining full access to educational services. And when they do, the education they are offered is generally of a poorer quality than that to which the non-indigenous population has access. This situation is jeopardizing the chances of those communities to overcome the social exclusion that historically has been their fate.

For millions of the indigenous, education is a way out of poverty, and this should be kept in mind when programmes and activities are designed.

In spite of the progress reported in education since the adoption of the Millennium Declaration, the goal of having all indigenous children, in particular girls, attend and complete primary schooling is far from being universally achieved, and will not be achieved if specific measures are not taken in consultation with the indigenous communities themselves. Only then can this trend be reversed.

The difficulties encountered by indigenous girls are of special concern, in particular those arising from ethnic and gender discrimination in the schools and in the family, and from the scourge of child labour that weighs on these societies.

In the course of my country visits and visits to communities, I have noted that the educational services to which indigenous children have access are generally below recommended minimum standards. Moreover, the programmes offered to indigenous pupils are in most cases not adapted to their realities, leading to extremely high dropout rates. Therefore, strategies should be defined, together with the communities concerned, that aim at achieving the Goal not only in quantitative, but also in qualitative terms.

Mr. Chairman, it is crucial that we recognize, not only in our speeches, the importance of a human rights-based approach to the achievement of the Millennium Development Goals. It is equally crucial that we redouble our practical efforts to integrate this approach in all activities and policies aimed at the achievement of the Goals.

Mr. Chairman,

Throughout these last months I have continued receiving information about situations of violations of the human rights and fundamental freedoms of the indigenous, including cases relating to extrajudiciary killings, death threats received by indigenous leaders, and allegations of human rights violations linked to conflicts over land rights, access to natural resources and the environment, as well as to the lack of access to basic social services.

In spite of ongoing efforts to implement the recommendations adopted at the World Conference against Racism in Durban, in a majority of countries, high numbers of cases of discrimination of indigenous on ethnic grounds continue to be reported. In some parts of the world, the authorities criminalize legitimate movements that demand the recognition of their human rights. This trend has increased in the present framework of the war on terrorism. However in no way the legitimate concern of societies to combat terrorism should be used as a pretext to curtail the human rights of indigenous peoples, or to create patterns of discrimination and intolerance against them.

The situations of violent conflict that affect several countries on Latin America, Asia and Africa are having devastating effects on the indigenous communities. In some of them, the human rights violations are such that the very survival of some small and particularly vulnerable communities is under peril. During the period under review, I have maintained regular contacts with the Special Adviser of the Secretary-General on the Prevention of Genocide and others about these situations, as the Commission on Human Rights has requested me to do. Prevention is a key issue, and therefore early warning mechanisms are important to be able to react promptly commensurate to the gravity of such threats.

Mr. Chairman,

My intervention would not be complete without referring to the Outcome Document of the 2005 World Summit, in which world leaders recognized many elements relevant to indigenous peoples, but also specifically recognized that the sustainable development of indigenous peoples and their communities is crucial to the fight against hunger and poverty. They also reaffirmed their commitment to promote the human rights of indigenous peoples, at local, national and international levels and in consultation and collaboration with the indigenous peoples and communities. ILO Convention No.169 on Indigenous and Tribal Peoples is an excellent tool for dialogue, and we must ensure its respect by States parties and promote its ratification by those States that have not yet done so.

As I did at the last session of the General Assembly, I would like to reiterate that all our work and all the declarations made by our heads of State would not have its full value if a declaration of principles protecting the human rights of indigenous peoples is not adopted. For this reason, I encourage you to materialize the commitment made by our world leaders by finalizing as soon as possible a declaration of the United Nations on the rights of indigenous peoples, in which all indigenous peoples of the world would feel fully recognized.

Thank you very much.