Sep 19, 2006

Council hears report on the human rights and fundamental freedom of indigenous people


UN Special Rapporteur Rodolfo Stavenhagen focuses on an “implementation gap” in his annual report on the Council

The International Service for Human Rights (ISHR) has announced the electronic release of its “Council Monitor,” a daily briefing on the ongoing sessions of the Human Rights Council in Geneva. Each daily update contains a comprehensive summary of the reports presented to the Council, as well the concerns raised in the pursuant Interactive Discussions.

Of special interest to UNPO members is the report of Mr Rodolfo Stavenhagen, Special Rapporteur on “the situation of human rights and fundamental freedom of indigenous people,” and Guest Speaker at the upcoming UNPO Symposium on “Self-Determination and International Law.” Mr. Stavenhagen’s report focuses primarily on the frequent implementation gap that exists between the ratification of international instruments and the reality of domestic legislation.

The Special Rapporteur also; “highlighted the application of anti-terror legislation to indigenous peoples, in situations where they were engaged in social struggles, and that the use of such ‘exceptional laws’ was counter productive and created a framework for violation of human rights. He commented on the role of transnational corporations (TNCs) and the need for training of the judiciary and public officials. He pointed to the growing use of regional mechanisms by indigenous peoples as a positive development.

[http://www.ishr.ch/hrm/council/updates/19_September_06.pdf]

Mr. Stavenhagen’s comments on the use of anti-terror legislation against Indigenous Peoples is in part a product of his 2003 visit to Chile, where a number of Mapuche leaders have been prosecuted under special terrorist laws which do not afford defendants a number of the rights central to standard trial procedure.

The Human Rights Council also heard a report from Ms. Gay McDougall, in her capacity as an “Independent Expert on Minority Issues.”

The ISHR reports Ms. McDougall as focusing on; “reminding States of her four main areas of concern: protecting a minority’s existence, including from genocide; cultural and social identity; non-discrimination and equality; and effective participation of minorities in public life. She then updated her report with further comments on her thematic focuses: minority communities in the context of poverty alleviation strategies and minorities conflict prevention. She also spoke about equal access to education as a key factor in reducing the poverty suffered by minorities. She highlighted the issue of minority women and the multiple forms of discrimination they suffer, as well as others similarly affected, citing the examples of disability and sexual identity.”

[http://www.ishr.ch/hrm/council/updates/19_September_06.pdf]

The Human Rights Council has also heard reports on a broad range of other topics relating to Human Rights, including reports from; The Special Rapporteur on “Extrajudicial, Summary or Arbitrary Executions;” The Special Representative on “Internally Displaced Persons;” The Special Rapporteur on “Torture, Cruel, Inhuman or Degrading Treatment and Punishment;” The Working Group on “Arbitrary Detention;” The Special Rapporteur on “Violence Against Women;” and the Special Rapporteur on “Freedom of Religion.”

The ISHR “Council Monitor” reports are published daily, at the end of each session, and can be accessed in full through the ISHR website:

[http://www.ishr.ch/hrm/council/updates/dailyupdates.htm]