Jul 30, 2002

UN promises the establishment of a Permanent Forum and a Special Rapporteur on Indigenous Peoples


By Dr. Joshua Cooper, director of the Hawaií Institute for Human Rights

On the 20th anniversary of the first international institution to address the plight of indigenous peoples, there are two new tools to focus on the fundamental freedoms and human rights of indigenous peoples.

In 1982, the Working Group on Indigenous Peoples was founded. Only a dozen indigenous peoples gathered at the United Nations in Geneva to let the world know the natives around the world are still alive and demand the protection and promotion of indigenous rights.

This summer the Working Group will celebrate two decades of international standard setting and reporting on violations of indigenous peoples' rights in their homelands. Currently, the Working Group on Indigenous Peoples is the largest human rights meeting at the United Nations with over a thousand indigenous peoples, government officials, NGO representatives, scholars and observers demanding the recognition of the individual and collective rights of indigenous peoples.

However, indigenous peoples will not have to look only to the five-person Working Group on Indigenous Peoples for justice. There are two new mechanisms dedicated to the rights of indigenous peoples.

The UN charter bodies have created a special rapporteur and a permanent forum. The special rapporteur is an individual appointed to present findings to institutions focusing on human rights. The permanent forum is a unique development in international law guaranteeing indigenous peoples equal representation on a 16-member body located on the UN labyrinth ladder from the Economic and Social Council (ECOSOC).

The special rapporteur appointed is Rudolfo Stavenhagen. Many indigenous and non-indigenous human rights experts were nominated from every continent of the world. Stavenhagen has been involved in indigenous affairs since first attending the UN WGIP in 1983. Stavenhagen's first action as rapporteur was spending an entire week of WGIP, meeting with indigenous peoples in regional meetings.

Stavenhagen commented on his role, "The special rapporteur should formulate recommendations. There is a very wide mandate that can cover indigenous issues extensively. We must be clear and aware of technical, institutional and material means the special rapporteur has at his or her disposal to complete objectives." He also noted his task is "to go much further than what has been achieved by the Working Group."

Stavenhagen took full advantage of the first opportunity to hear indigenous peoples concerns during the July meeting. He aims to continue collaboration. "This is my first opportunity to establish personal contact with indigenous peoples in the field. I hope this will continue throughout my mandate."

During his mandate, Stavenhagen's assistant at the UN High Commissioner for Human Rights can be contacted at [email protected]

Stavenhagen also noted there are individual as well as collective rights of indigenous peoples to focus in his annual report. The creation of the special rapporteur is significant step for indigenous rights.

The other significant evolution in indigenous rights is the creation of the Permanent Forum on indigenous Issues. The Permanent Forum is a high-level advisory body that deals solely with indigenous issues addressing economic and social development, culture, the environment, education , health and human rights.

While the creation was contemplated in the 1980s, the Vienna World Conference on Human Rights in 1993 catapulted the idea into the international arena. From the meetings in Denmark and Chile, the 16- body forum was passed by the ECOSOC in 2000 with the first meeting in 2002.

The Permanent Forum on indigenous Issues will host an annual session of at least ten working days. With the establishment of the Permanent Forum, indigenous peoples have become members of an UN body. This is unprecedented within the UN system allowing indigenous peoples to help set the PF agenda and determine the outcome.

As one international environment expert noted, "The Permanent Forum is new and creative. It is an interesting innovation." Another international expert focusing on indigenous peoples at the UN High Commissioner for Human Rights noted, "The Permanent Forum idea is to have a holistic approach at the United Nations. It is not forum for only human rights, development and education. It is for all issues pertaining to indigenous peoples. The Permanent Forum will unite efforts."

As Willie Littlechild noted at the summer session focusing on children's rights, "We believed we needed an independent tribunal, arena. The Permanent Forum was an indigenous peoples idea. It is an important step forward."

Many indigenous peoples agree it is a significant contribution to non-violent campaigns in the international arena. Littlechild noted at a later meeting, "We should devote energy to shape the Forum as an institution."
The first meeting for the Permanent Forum for Indigenous Issues will be held from May 6 - 17, 2002 at the United Nations in New York. All indigenous peoples are encouraged to attend this important initiative in international law.

All three important institutions are necessary to counter the colonization of 500 years and its impact from extermination to elimination of language, culture and collective community. The Working Group on Indigenous Peoples will continue to act as an indigenous peoples congress addressing different issues imminent for indigenous peoples. The work of the special rapporteur will describe and document realities of indigenous peoples struggle for self-determination. The Permanent Forum for Indigenous Issues will be potential body to seek solutions to injustices of past and present.

It is essential for campaigns to continue at grassroots and at a global level to guarantee the human rights of indigenous peoples.

Dr. Cooper is co-organising a three week advanced summer course on peace and human rights in Maui, Hawaií from June 3 - 21, 2002. Further information can be obtained at: www.geocities.com/hihrmaui or [email protected]