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Economic and Social Council in Its Resolution 1982/34 of 7 May 1982

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Economic and Social Council in Its Resolution 1982/34 of 7 May 1982 UNITED NATIONS E Economic and Social Distr. GENERAL Council E/CN.4/Sub.2/2001/17 9 August 2001 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Sub-Commission on the Promotion and Protection of Human Rights Fifty-third session Agenda item 5 (b) PREVENTION OF DISCRIMINATION Prevention of discrimination and protection of indigenous peoples Report of the Working Group on Indigenous Populations on its nineteenth session Chairperson-Rapporteur: Ms. Erica-Irene Daes GE.01-14979 (E) E/CN.4/Sub.2/2001/17 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 3 4 I. ORGANIZATION OF THE WORK OF THE SESSION ..... 4 - 16 5 A. Attendance ...................................................................... 4 - 5 5 B. Documentation ............................................................... 6 5 C. Opening of the session .................................................... 7 5 D. Election of officers ......................................................... 8 - 10 5 E. Adoption of the agenda ................................................... 11 - 15 6 F. Adoption of the report .................................................... 16 6 II. REVIEW OF DEVELOPMENTS PERTAINING TO THE PROMOTION AND PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLES: INDIGENOUS PEOPLES AND THEIR RIGHT TO DEVELOPMENT, INCLUDING THEIR RIGHT TO PARTICIPATE IN DEVELOPMENT AFFECTING THEM.............................................................. 17 - 78 7 III. REVIEW OF RECENT DEVELOPMENTS PERTAINING TO THE PROMOTION AND PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLES: GENERAL STATEMENTS, INCLUDING LAND ISSUES, EDUCATION AND HEALTH ............................................................................... 79 - 130 18 IV. STANDARD-SETTING ACTIVITIES, INCLUDING A REVIEW OF INDIGENOUS PEOPLES’ RELATIONSHIP WITH NATURAL RESOURCE, ENERGY AND MINING COMPANIES ........................................................ 131 - 140 26 V. WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE ................................................................... 141 - 148 28 E/CN.4/Sub.2/2001/17 page 3 CONTENTS (continued) Paragraphs Page VI. INTERNATIONAL DECADE OF THE WORLD’S INDIGENOUS PEOPLE, INCLUDING INFORMATION RELATING TO THE VOLUNTARY FUND FOR THE INTERNATIONAL DECADE OF THE WORLD’S INDIGENOUS PEOPLE AND THE REPORT OF THE ADVISORY GROUP ............................................................ 149 - 150 29 VII. OTHER MATTERS ............................................................... 151 - 152 30 VIII. CLOSING MEETING............................................................ 153 - 155 30 IX. CONCLUSIONS AND RECOMMENDATIONS ................ 156 - 183 31 A. Review of developments ................................................ 156 - 163 31 B. Standard-setting activities .............................................. 164 - 169 32 C. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance ...................................................................... 170 - 172 33 D. International Decade of the World’s Indigenous People ............................................................................. 173 - 178 33 E. Other matters .................................................................. 179 - 183 34 Annexes I. Attendance..................................................................................................... 35 II. List of documents .......................................................................................... 39 E/CN.4/Sub.2/2001/17 page 4 Introduction Mandate 1. The creation of the Working Group on Indigenous Populations was proposed by the Sub-Commission on Prevention of Discrimination and Protection of Minorities in its resolution 2 (XXXIV) of 8 September 1981, endorsed by the Commission on Human Rights in its resolution 1982/19 of 10 March 1982, and authorized by the Economic and Social Council in its resolution 1982/34 of 7 May 1982. In that resolution the Council authorized the Sub-Commission to establish annually a Working Group to meet in order to: (a) Review developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous populations, including information requested by the Secretary-General annually from Governments, specialized agencies, regional intergovernmental organizations and non-governmental organizations in consultative status, particularly those of indigenous peoples, to analyse such materials, and to submit its conclusions and recommendations to the Sub-Commission, bearing in mind inter alia the conclusions and recommendations contained in the report of the Special Rapporteur of the Sub-Commission, Mr. José R. Martínez Cobo, entitled “Study of the problem of discrimination against indigenous populations” (E/CN.4/Sub.2/1986/7 and Add.1-5); (b) Give special attention to the evolution of standards concerning the rights of indigenous populations, taking into account both the similarities and the differences in the situations and aspirations of indigenous populations throughout the world. 2. Due to its comprehensive terms of reference, in addition to the review of developments and the evolution of standards, which are separate items on the Working Group’s agenda, the Working Group has over the years considered a number of other substantial issues relating to indigenous peoples. In the light of the recommendation made by the Working Group at its seventeenth session (E/CN.4/Sub.2/1999/19, para. 194), the following items were added and included in the provisional agenda for the nineteenth session: Review of developments - general statements, including land issues, education and health; standard-setting activities, including a review of indigenous peoples’ relationship with natural resource, energy and mining companies; International Decade of the World’s Indigenous People; World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance; and Other matters. The principal theme of the nineteenth session was: “Indigenous peoples and their right to development, including their right to participate in development affecting them”. 3. In its resolution 2000/14, the Sub-Commission requested the Secretary-General to prepare an annotated agenda for the nineteenth session of the Working Group. E/CN.4/Sub.2/2001/17 page 5 I. ORGANIZATION OF THE WORK OF THE SESSION A. Attendance 4. In its decision 2000/119, the Sub-Commission decided on the following composition of the Working Group at its nineteenth session: Mr. Miguel Alfonso Martínez, Ms. Erica-Irene Daes, Mr. El-Hadji Guissé, Ms. Iulia Antoanella Motoc and Mr. Yozo Yokota. The session was attended by Mr. Alfonso Martínez, Ms. Daes, Mr. Guissé, Ms. Motoc and Mr. Yokota. They were joined by Ms. Leila Zerrougui, member of the Sub-Commission, and Ms. Christy Mbonu, alternate member of the Sub-Commission. 5. The Working Group was attended by representatives of 33 Member States, five United Nations bodies and specialized agencies and 271 indigenous and non-governmental organizations. A total of 1,033 persons attended the nineteenth session of the Working Group. The list of participating States and organizations is contained in annex I. B. Documentation 6. A number of documents were made available for the nineteenth session of the Working Group. The full list of the documentation is available in annex II of the present report. C. Opening of the session 7. Ms. Stephanie Grant, representative of the Office of the High Commissioner for Human Rights, opened the nineteenth session of the Working Group on Indigenous Populations. She welcomed the participants and noted that the Working Group was the principal meeting place for the world’s indigenous peoples. She expressed support for the main theme on indigenous peoples and their right to development, including the right to participate in development affecting them, and drew attention to the ongoing work of the Working Group on the Right to Development of the Commission on Human Rights. She also referred to the creation and importance of the Permanent Forum on Indigenous Issues which, she emphasized, was an institution of fundamental importance to indigenous peoples. She concluded by wishing the participants a successful meeting. D. Election of officers 8. Ms. Erica-Irene Daes was elected Chairperson-Rapporteur at the first meeting of the nineteenth session by acclamation. Her nomination was proposed by Mr. Miguel Alfonso Martínez and supported by all the other members of the Working Group. 9. In her opening statement, the Chairperson-Rapporteur welcomed the participants to the nineteenth session of the Working Group. She also extended her welcome to the newly appointed Special Rapporteur on the Situation of human rights and fundamental freedoms of indigenous people, who would be in Geneva for the week to hold consultations with delegations. She announced that she planned to retire as Chairperson-Rapporteur of the Working Group and E/CN.4/Sub.2/2001/17 page 6 that she did so with great sadness. She said that she believed progress had been made and she referred to a number of achievements made during her 18 years of chairmanship, emphasizing in particular the creation of the Permanent Forum. She noted that the Working Group had initiated a new form of constructive dialogue between indigenous peoples and Governments. She conceded, however, that much remained
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