Simpson, Tony --- "Geneva, September 1986" [1987] AboriginalLawB 5; (1987) 1(24) Aboriginal Law Bulletin 7

• Geneva, September 1986

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Geneva, September 1986

by Tony Simpson

The 1986 proposed session of the United Nations Working Group on Indigenous Populations (WGIP) was not held. This was due to the deferral of the meeting of its parent body, the UN Sub-commission on the Prevention of Discrimination and Protection of Minorities, by the UN General Assembly owing to the financial crisis being experienced by the UN.

The cancellation of this year's meeting was seen as a threat to the commitment, by the UN, to developing effective international standards applicable to indigenous peoples.

In response to this perceived threat, a number of NGOS including New South Wales Aboriginal Land Council [NSWALC] and National Aboriginal and Islanders Legal Services Secretariat [NAILSS] from Australia attended a workshop with members of the WGIP. The workshop, co-sponsored by the Anti-slavery Society and the WGIP, was held in Geneva over the weekend of 6-7 September which coincided with the meeting of international Labour Organisation [ILO] experts convened to consider the revision of ILO 107. (See ILO 107-A License to Rights, in this issue. [1987] AboriginalLB 7; 1(24)pg10. )

The workshop was attended by a number of indigenous organisations and NGOs along with other NGOs interested in human rights. Whilst the workshop did not attract the large numbers of representatives that the Working Group usually does. the participants in attendance reflected a wide range of views. A number of the Sub-commission members were in attendance as were members of the UN Centre for Human Rights. A number of Governments were also represented, for example. Australia, China, Canada, New Zealand and USA.

The workshop was attended by the Chairperson of the UNWGIP. Madam Daez. along with one of the Working Groups' more enthusiastic members. Alphonso Miguel Martinez from Cuba, Madame Daez indicated that she regretted the postponement of the fifth session of the Working Group which would have been held this year and expressed the hope and expectation that the next session of the Working Group would be held in 1987.

The workshop agreed to focus its attention on only two of the three topics which were included in the Working Group's plan of action for the deferred meeting - that is health. medical care, other social services: the right and responsibility of indigenous peoples institutions as of all others, to respect universally recognised human rights and fundamental freedoms.

The questions of self-determination, however, was raised. The report of the meeting notes that:

indigenous and other NCO participants agreed that the right to sell-determination was fundamental and should be reflected in the formulation of all' other rights. It was emphasised that indigenous peoples should control all aspects of the social and economic programs affecting them to ensure that these programs truly benefit indigenous peoples and that they respect indigenous values, culture and traditional knowledge.

In relation to the question of the applicability of international human rights standards to indigenous peoples, it was felt by the meeting that because of the great complexity of these issues that these questions be reserved for further consideration at a subsequent session of the Working Group.

The report of the meeting notes that 'it was explained that indigenous peoples are the largest and most disadvantaged group not addressed by UN standards and that the Working Group has been indigenous peoples' only direct voice in the international system'.

The urgency of proceeding with preliminary drafting of a declaration of indigenous rights was recognised and emphasised by the Indigenous participants and other participants at the workshop. At the same time many Indigenous participants recognised the need for those Indigenous Communities not represented to carefully review the Workshop's Report.

The workshop adopted three preliminary draft principles which appear in annexure I of the report. They are as follows:

a) the right to determine, plan and implement all health, housing and other special and economic programs affecting them.

b) The right to special state measures for the immediate. effective and continuing improvement of their social and economic conditions, with their consent, that reflect their own priorities.

c) The right to be secure in the enjoyment of their traditional means of subsistence, and to engage freely in their traditional and other economic activities without adverse discrimination.

The workshop requested the co-sponsoring NGOs to circulate copies of the report along with the draft principles to all of the NGOs in consultative status and other indigenous and non-indigenous organisations that participated in the 1985 session of the WGIP. These organisations will be requested to make comments on the report and draft principles and submit those comments to the UN Secretariat so that they can be considered at the next session of the WGIP.

A number of the indigenous participants felt that a critical assessment of the three draft principles should be made by indigenous organisations which were not able to attend before they could be considered as comprehensively representative of indigenous viewpoints.

Whilst the workshop was informal, it did demonstrate that there was a wide ranging concern over the cancellation of 1986s WGIP. The workshop, whilst it could not be seen as an adequate substitute for the formal meeting of the Working Group. did serve to indicate the support that exists for the important work being carried out by the United Nations through the Working Group on Indigenous Populations.