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DAILY BULLETIN – DAY FIVE
28 April 2008
Produced for the Aboriginal Peoples and Torres Strait Islander Peoples of Australia Compiled by FAIRA on behalf of the Aboriginal and Torres Strait Islander Caucus at the UNPFII
CONTENTS
- Aboriginal Delegation Recommends Rights-Based Development
- James Anaya to Commence as Special Rapporteur
- Aboriginal Delegations Ask Government to Invite Special Rapporteur to Australia
- Delegates meet Special Rapporteur
- Stavenhagen Gives Final Report as Special Rapporteur
Aboriginal Delegation Recommends Rights-Based Development
The Australian Aboriginal delegations took the floor today to present their statements under the Human Rights agenda item at the Permanent Forum meeting.
Steve Ross, of the Murray Lower Darling Indigenous Nations (MLDRIN) Federation, took the floor on behalf of the Aboriginal delegations to express concern about the “implementation gap” between national and international recognition of indigenous peoples’ rights and State policies and programmes affecting indigenous peoples.
Steve Ross said 'we find a change of government has not yet led to acknowledgement of our rights as peoples to self-determination, nor a change of policies based upon our economic, social and cultural rights'.
He expressed strong support for the report by Special Rapporteur, Rodolfo Stavenhagen, which emphasised international consensus on the interdependence between development and human rights forged in the context of the World Summit for Social Development held in Copenhagen in 1996, the Millennium Summit of the United Nations and the World Summit on Sustainable Development held in Johannesburg in 2005.
The report states the basic principle underlying the rights-based approach is the realization of human rights should be the end goal of development, and that development should therefore be perceived as a relationship between rights holders and the corresponding duty bearers.
Indigenous peoples, the report says, must be identified as subjects of collective rights that complement the rights of their individual members, and these rights are recognized in various international instruments, particularly the United Nations Declaration on the Rights of Indigenous Peoples.
Steve called upon the Government of Australia, and all Governments, 'to examine their approaches to indigenous development in the light of the conclusions and recommendations made by the Special Rapporteur'.
'Indigenous Peoples' development should therefore be: Endogenous (i.e.
it should originate with the indigenous peoples and communities themselves as a means of fulfilling their collective needs), Participatory, Socially responsible, Equitable, Self-sustaining, Sustainable and protective of environmental balance, Culturally appropriate , Self-managed, Democratic, and Accountable.
'In particular we consider the Government of Australia, in reviewing the 'Northern Territory Intervention' laws and policies, should take particular account of the recommendations contained in Paragraphs 66-70 of the Special Raporteurs report,' he said.
The report is catalogued as UN Document E/HRC/6/15.
The report states that 'the rights-based approach attaches importance both to results and to the development process itself, which should take into account basic principles such as the indivisibility and universality of human rights; non-discrimination ...; participation and empowerment; and accountability'.
The Australian Aboriginal delegation recommended the report of the Special Rapporteur to the Permanent Forum on Indigenous Issues and to the governments.
James Anaya to Commence as Special Rapporteur
The Permanent Forum today welcomed to the podium the new appointee to the position of UN Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous People.
Professor James Anaya, from the University of Arizona, USA, was recently appointed by the Human Rights Council to succeed Professor Rodolfo Stavenhagen who has successfully completed his two terms as the Special Rapporteur.
His official title at the university is James J. Lenoir Professor of Human Rights Law and Policy.
Mr. Anaya who is a member of Indigenous Peoples, the Apache, begins his term this week, commencing on 1 May 2008.
He said many of the questions raised at today’s Permanent Forum meeting addressed the “implementation gap” between the principles contained in the Declaration on the RIghts of Indigenous Peoples, and the rights and lives of indigenous peoples on the ground.
Those concerns should first be addressed within the context of real- life issues -- such as the right to prior informed consent in light of challenges faced by the indigenous peoples in Suriname by logging companies.
He also said the Declaration’s provisions should be examined in relation to other human rights conventions, as well.
Considering how the Permanent Forum could coordinate its efforts with that of the Human Rights Council, he suggested that one place to start was with the periodic review mechanism, through which the Forum could engage in a dialogue on indigenous rights.
Continued dialogue could lead to creative strategies on how to practically implement the Declaration on the ground.
The Chairperson of the Permanent Forum thanked the outgoing Special Rapporteur, Rodolfo Stavenhagen, for his very successful two terms as the Special Rapporteur.
The delegates in the meeting gave a standing ovation to Mr Stavenhagen as a sign of gratitude for his work.
Aboriginal Delegations Ask Government to Invite Special Rapporteur to Australia
The Australian Aboriginal delegations to the Permanent Forum on Indigenous Issues formally requested the Government of Australia to invite the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous People to visit Australia.
The delegation noted that the Vision 2020 Summit raised a number of proposals about the future of the First Peoples in Australia.
They considered that this discussion should continue in the Australian public and were keen to advance the issue of indigenous rights in the discussion.
Steve Ross, in his formal statement to the Permanent Forum called for a visit by the Special Rapporteur.
'We also express our wish that the Government of Australia issue as soon as possible an open invitation to the Special Rapporteur to visit Australia to assist the Government and the Indigenous Peoples, in the spirit of the 2020 summit, to help develop the vision and strategies for the future of Indigenous Peoples in Australia,' he said.
Delegates meet Special Rapporteu
A number of Aboriginal delegates from Australia had the opportunity to briefly meet and discuss issues with the Special Rapporteur on Indigenous Issues. In a special situation they got to meet the outgoing Special Rapporteur, Rodolfo Stavenhagen, and the incoming Special Rapporteur, James Anaya.
For many in the delegation, being at the United Nations for the first time, it was a real experience to have a direct discussion with these two very important people.
They talked briefly about the situation in Australia, noting that a new government is potentially a positive outcome for recognition of Aboriginal rights in Australia, and heard from the Special Rapporteur/ s about the way in which they conducted their work.
The Special Rapporteur was very interested in receiving an invitation from the Government of Australia to make a visit.
He considered that Australia's position on indigenous issues is very important to the international community and that Australia has a capacity to lead and influence a positive response from other governments and members of the United Nations on indigenous policies and programs.
Australia may be a leader in the coming years, if it can forge a strong relationship with the Aboriginal Peoples and Torres Strait Islader Peoples.
Stavenhagen Gives Final Report as Special Rapporteur
Rodolfo Stavenhagen, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, said the recent adoption of the Declaration on the Rights of Indigenous Peoples provided development actors with a precise normative framework for the formulation, implementation and evaluation of public development policies.
Noting that today’s would be his final report to the Permanent Forum as Special Rapporteur, he said his final report to the sixth session of the Human Rights Council in Geneva had documented several cases of best practices where those principles had been effectively incorporated into projects and programmes.
During his tenure, he said he had conducted official visits to Bolivia and Mexico in 2007, to examine specific situations of the violations of the rights of indigenous peoples and communities.
During a visit to Norway and Finland, he followed up on the human rights situation of the Saami people.
He noted that the Human Rights Council had renewed the mandate of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples for an additional three years.
The Council also established a new expert mechanism on the rights of indigenous peoples to coordinate the activities of the Rapporteur and the Permanent Forum, with a view to promoting the rights affirmed in the United Nations Declaration.
Taking the opportunity to share some general thoughts at the end of his tenure, Mr. Stavenhagen said the situation of the rights of indigenous peoples had improved greatly in numerous countries, with “signs of retreat” in other countries.
In his thematic reports to the Human Rights Council, he had emphasized the impact of mega-development projects, including hydroelectric, mining and forest activities, on the lives of indigenous communities.
Those activities did not always benefit affected communities, but tended to damage them.
He had also studied the lack of access to justice experienced by indigenous peoples, with discrimination and lack of intercultural sensitivity against them being particularly rampant.
Indigenous intercultural bilingual education continued to be plagued by multiple problems and obstacles.
He said he had made 11 official visits to different countries, some follow-up visits and numerous semi-official visits.
The results of those visits were reflected in various country reports to the Council.
Wherever there was available information, he gave special attention to the situation of human rights of indigenous women and children.
But, the problem of the Special Rapporteur’s recommendations continued to be the weakest point of all the special procedures, since neither the Council nor the United Nations had implementation mechanisms.
As a result, he had presented a study on best practices in implementation (document A/HRC/4/32/Add.4).
He said that he had tried to promote constructive dialogue with Governments, indigenous peoples and other actors, in relation to allegations of violations and threats to the collective rights of indigenous peoples, as well as the individual rights of members of those communities.
He had transmitted more than 200 communications to different Governments on topics such as rights to housing, health, food and the situation of human rights defenders.
He said his regular participation in the sessions of the Permanent Forum had allowed him to closely follow the debates regarding specific subjects and regions.
He had also interacted with numerous indigenous delegations.
In addition, he had cooperated on several occasions with other United Nations agencies, such as the United Nations Educational, Scientific and Cultural Organization (UNESCO), International Labour Organization (ILO), World Health Organization (WHO) and members of the Inter-Agency Support Group of the Permanent Forum.
But, special attention should be given at the level of the United Nations country teams in countries with indigenous populations.
The Permanent Forum could work with the Special Rapporteur in the future to strengthen the capacities of country teams.
He said the Declaration on the Rights of Indigenous Peoples provided a new normative and institutional framework with great possibilities for the promotion and protection of the rights of indigenous peoples.
It paved the way for new opportunities of collaboration between the United Nations system, indigenous peoples, Member States and other actors.
Hopefully, the next Special Rapporteur and the Permanent Forum would continue working together to ensure that the principles enshrined within the Declaration became a reality.
He ended by expressing satisfaction at the appointment by the Human Rights Council of the new mandate-holder on the situation of human rights and fundamental freedoms of indigenous peoples, Professor James Anaya, who would take over on 1 May.
In addition to thanking the Governments with which he had worked, he expressed gratefulness to Julian Burger, head of the Minorities and Indigenous Peoples Unit in the Office of the High Commissioner for Human Rights in Geneva.
ENDS
