From: [EMAIL PROTECTED]
Subject: `99 - WGIP UNPO MONITOR 27TH AFTERNOON [2 OF 2]
NETWARRIORS FRONTLINE REPORTS
17th WGIP 7/28/99
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Unrepresented Nations and Peoples Organization
Monitor Working Group on Indigenous Populations
17th Session 26 July 30 July
Disclaimer: This monitor is not an official transcript of the Working
Group, but represents substantially what was communicated during the
meetings. UNPO apologizes for any inaccuracies. If you have corrections,
comments or suggestions please contact the UNPO Secretariat in Room A
388.
Tuesday July 27 1999
Day two, afternoon session
39. Chair Mrs. E. Daes:
40. Mr. Gonzales of International Indian Treaty Council: The IITC has
worked since 1977 on the possibilities of IP entering the UN as a means
of promoting IP issues. He thanked Mr. Alfonso Martinez for the drawing
up the Treaty Study. Earlier the USA spoke of their support to the Makah
Nation on their right to whale. He pointed out that the Makah Nation had
asked the IITC for support in attending the whaling conference because
the USA dropped them. The relation to land is a basis of the Indigenous
existence. IP are tied to a pre colonial land base. Negotiations are
often nothing but the imposition of terms on IP. The IITC therefore
suggests that the relation to land be made a permanent point on the
agenda of the WG.
41. Chair Mrs. E. Daes: Please restrict comments to item 4 do not refer
to reports yet.
42. Aukin Wallmapu Ngulam/Consejo de Todas las Tierras Mapuche: The
situation of the Mapuche has been worsening. In Chile, there is
Indigenous legislation but it is weak in particular in relation to
collective rights relating to land. This makes it difficult for the
Mapuche People to fight for their land rights. Mapuche land has been
taken over by the Chile government and companies. This is contrary to HR.
Two legal instruments describe the rights of the Mapuche to land. Both
were drawn up under the military dictatorship. The military handed over
200,000 hectares of land to logging companies. He considered the division
of land to be the liquidation of the Mapuche and an attack upon their
culture. Another problem related to the Mapuche territory is the presence
of a hydroelectric dam that effects many communities. The communities
object to the construction of the dam as do the people of Chile but the
government pushes it through. The government has been trying to hide the
harmful consequences of this dam. It is violating the collective rights
of the Mapuche. Thus, the Chile government is in breach of its
constitution. The moving of families required for the construction will
seriously affect the cultural basis of the Mapuche. If the dam is built
the government is facing a claim of genocide namely the elimination of a
group. The government is not taking any measures to prevent climate
changes risking to turn Mapuche land into a green desert.
43. Chair Mrs. E. Daes: Please leave copies of your interventions in the
back and keep private conversations outside.
44. Mr. Arnold Groh/Technische Universitat Berlin: He said Indigenous
cultures are being extinguished around the world. He pointed out the
importance of Indigenous knowledge and cultures. With every traditional
group that vanishes Indigenous knowledge is also being lost. This
knowledge is too valuable to lose. The number of cultures world wide is
shrinking. A cultural instability is threatening which is dangerous as
the instability caused by the loss of cultural diversity. The continuing
violations of HR underline the importance of protecting Indigenous rights
and their cultures. Women and the loss of female attributes is another
pressing problem.
45. Chair Mrs. E. Daes:
46. Marty Waters/Native Council of Port Heiden: He pointed out the unique
relation between IP and land as well as the sea. The Bearing Sea provides
over 50 % of fishery in the US and holds a vast majority of its birds. It
has been called an oceanic rain forest. He called upon relevant
governments to implement a policy to promote the use of appropriate
fishing techniques ensuring the sustainability of the richness of this
region. Environmental disasters in the past have decreased substantively
the means subsistence of the IP in the region. He called upon governments
to recognize the importance of Bearing Sea for the IP and to recognize
traditional ways of fishing, hunting and gathering as a HR.
47. Chair Mrs. E. Daes: Mrs Lorenzo is not present.
48. World Intellectual Property Organization: He said it was a pleasure
for WIPO to be present at the 17th session of the WGIP and to give a
brief report on the activities of the WIPO relating to IP. WIPO has just
had its first biennium in which it focused specifically upon IP. A round
table discussion has been held on intellectual property rights for new
beneficiaries including indigenous knowledge. A second round table is to
be held on intellectual property and traditional knowledge. Second, nine
fact finding mission have been undertaken to explore the intellectual
property needs of IP of all continents. Reports of the missions are
available from
www.wipo.int.
A conference will be further held in collaboration with OHCHR to
commemorate the signing of the UDHR. A program to look into managing
traditional knowledge is under active consideration. This is a brief list
of activities. Activities being contemplated for the next biennium are
more round tables, studies on customary law applying to the protection of
traditional knowledge. Producing material for IP about the protection of
Indigenous knowledge. Convening studies on cooperation with other
organizations relating to Indigenous knowledge. The budget for these
activities is to be approved in September.
49. Chair Mrs. E. Daes:
50. Observer Government of the Russian Federation: He wanted to highlight
an event in the Russian Federation. A law has been passed to grant
extensive rights to small indigenous communities. The law guaranties the
legal protection of IP in the Russian Federation. It provides for the
protection of their relation to land, their language, their culture and
way of live. The law regulates the authority of the local powers
regarding the IP in dealing with compensations. The law protects the
environment in areas where IP live and work. Persons belonging to IP are
given preferential rights. Particular intention is paid to the right to
education and the right to establish mass media. IP have the right to
replace military service with community service.
51. Chair Mrs. E. Daes:
52. No submission.
53. Chair Mrs. E. Daes:
54. Ronald F. Barnes/Indigenous Nations and Peoples Coalition Tununak
Traditional Elders: Thanked Mrs. Daes for sponsoring the press conference
after the inter-sessional. Her intervention at the permanent forum
meeting is still appreciated. Thanked her also for reminding of the 50th
anniversary of the Convention on the Prevention and Punishment of the
Crime of Genocide. The IP of Alaska keep exercising their right to self
determination. Recently the supreme court ruled that the Alaska Native
Claims Settlement Act was an act of self determination. Yet, they did not
consult the IP. In the early 90s, we were given the Native Review
Commission to study IP and recently the governor held new hearings
telling the IP what is good for them. As long as an alien government
continues to subscribe solutions to us it is not an exercise of self
determination. The best answer to the problems facing us is found by IP
together with restriction to the right to self determination. In relation
to subsistence he thanked his brother who had mentioned the wildlife as
important to IP. Tununak council has asked for research into tribal
taxation that was ruled against in the past.
55. Chair Mrs. E. Daes:
56. Ms. Noel Lo/Shimin Gaikou Centre: This year was positive for the
center as they got ECOSOC status. However the Ainu still face
discrimination in Japan. The new law is becoming a source of new
problems. The communal property of Ainu is being threatened by continuing
development. The return of communal property is obstructed by the
government which is hereby violating the Japanese constitution and
international treaties which have been ratified by Japan.
57. Chair Mrs. E. Daes:
58. Mr. Kasumi Izena, Uchinanchu, AIP in the Ryukyus: The kingdom was
annexed by Japan but within this state the land has gained a reputation
as a land of courtesy. There are many US bases on Uchinanchu. In
accordance with international HR, the US government is obligated to take
waste from land and soil and the Japanese government should take serious
action to monitor this. However waste is left on the land threatening the
environment and the people. Firing of shells has also spoilt the natural
environment, and left shells on the land. The site is contaminated by
toxic substances such as TCB. The Japanese government did not launch a
complaint on behalf of the Okinawa people in spite of the health risk
this poses to them. This illustrates the vulnerability of the Okinawan
people. Okinawa was annexed by Japan and is now used by US to have
military bases in Japan.
59. Chair Mrs. E. Daes: Announced that at 18:00 speakers list will close,
please make joint statements on item 5 has so far 203 entries. Please
make joint statements.
60. Mr. Lourdes Maidonado, Federation Racion Indigenous Ewa Y Campesina
de Imbabura Ecuador: He would like to ask attention for the HR situation
in Ecuador on case basis. Approximately 12 million people live in Ecuador
of which 45% are indigenous. Twelve Nationalities are now recognized but
until 1989 we were not considered in the constitution which ignored the
diversity of nationalities. IP in Ecuador as a response have assumed the
duty to define their identity as Indigenous nationalities. They have
encouraged a political project based on unity and diversity. Which
resulted in a reform of the constitution. Now, thanks to our struggle we
are recognized as a constitutive element of Ecuador. We are recognized as
peoples and our rights are recognized. This must however also be
recognized in practice. In Ecuador, the constitution is marvelous but we
are not in fact considered for taking decisions on economic policies
which are only designed for a small group that controls the country This
is clearly expressed by all IP by claiming their right with regards to
health, education and other basic needs. The government is completely
neglecting its duty in this regard. The budget is used to save private
companies and the country is now bankrupt. The government has responded
to our protest with severe repression. There have been deaths and some
people are disabled for live. We are convinced that protection for HR is
nill. We should be protected not just against violence but also in social
and cultural rights. We ask the WG to recommend to sanction those
responsible.
61. Chair Mrs. E. Daes: Announces that this will be the last speaker for
the day.
62. Kenneth Deer/Mohawk Nation at Kahnawake: The violence by the Canadian
government against the IP in Canada has not diminished. The IP are still
regarded as dangerous and untrustworthy. According to documents released
under the freedom of information act an elite unit was asked to spy on
indigenous communities including the high school as if it was a threat to
Canadian security. The international community must continue to question
the Canadian authorities on their relation to IP.
63. Chair Mrs. E. Daes: Asked secretary to make announcements.
64. Secretary Mr. J. Burger: This evening at 19:30 DoCip will have a
reception. Tomorrow morning a representative of the EP will offer a
briefing in room 22 at 9:00. Governments can meet with the Chair of the
WG of the Permanent Forum in room 25 will be from 15:00 till 18:00.
65. Chair Mrs. E. Daes: There are still some speaker on Item 4 they will
be able to speak tomorrow morning then we should start to work on land
rights. She complained to the HCHR that she submitted her report in
February and it was still not ready!!!
66. Willy Littlechild: Supported her comments relating to reproduction.
67. Chair Mrs. E. Daes: My comment is also relating to the treaty study,
I now have a report in French I submitted it in English five month ago.
68. Observer Government of Bangladesh: I support your complaints please
before tomorrow can we have copies.
69. Chair Mrs. E. Daes: Closed session at 18:06.
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