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Collings, Neva --- "57th Session of the Commission on Human Rights" [2001] IndigLawB 19; (2001) 5(7) Indigenous Law Bulletin 11

57th Session of the Commission on Human Rights

By Neva Collings

The 57th United Nations Commission on Human Rights (‘the CHR’), which convened in Geneva from March 9 to April 27, has established a Special Rapporteur for the Human Rights of Indigenous People. The rapporteur will have a 3 year term and a budget comparable to other rapporteurs to enable country visits on invitation.

The resolution to establish the special rapporteur was co-sponsored by Mexico and Guatemala and while strong lobbying of both member and non-member governments of the CHR was required to gain groundswell support, the resolution was eventually passed by consensus.

Some of the initial objections brought by governments included the issue of duplication under existing mechanisms and the need to await the review of Indigenous mechanisms before creating a further mechanism such as a special rapporteur.

Under the Indigenous issues agenda item Australia expressed the view that:

...until the permanent forum is established, we consider it premature to establish any new mechanisms in this area, such as the Special Rapporteur on the Human Rights of Indigenous Peoples. We see no need for such a mechanism and consider that to establish it would divert valuable time and energy away from the work required to establish the Permanent Forum.

Immediately following the unanimous adoption of the recommendation creating the position of special rapporteur, Governments made clarifying remarks reiterating the need to address the issues canvassed in the prior consultations.

The statement of the United States Government supported the resolution:

...with the expectation that the Working Group on Indigenous Populations will focus its next session on how best to hand its work to the Permanent Forum. The WGIP has had a successful history. However with the establishment today of a new Special Rapporteur, the imminent start of the Permanent Forum and the continued work of the Working Group on the Draft Declaration, the US believes the Working Group on Indigenous Populations had fulfilled its mandate.

Australia approved this statement as clarifying its own decision to join the consensus.

India, representing the Asian Group, said that it was ‘premature to set up such a mechanism’ on the grounds of duplication and the need for a clear definition of indigenous peoples. However, the Asian Group finally supported the resolution on the understanding that:

... in the discharge of his or her mandate, the Special Rapportuer will take fully into account the diversity of views existing on the issue of the definition of indigenous people and the scope of application of his or her mandate and act in broad consultation with concerned countries.

The process of lobbying for the special rapporteur on the human rights of Indigenous people was aided by the recommendations from the recent Indigenous regional meeting for the World Conference Against Racism held in Sydney on 20 – 22 February 2001. Paragraph 72 of the Indigenous regional meeting report recommended the appointment of a special rapporteur for Indigenous peoples and this was brought to the attention of governments during consultations at the CHR. Furthermore, Neva Collings, representing ATSIC and FAIRA, delivered interventions under the CHR agenda item 15 on Indigenous Issues and made a short statement supporting the excellent speech of Senator Aden Ridgeway at the special theme day on tolerance and diversity, in which he reiterated his call for a special rapporteur.

However, as a consequence of the Indigenous agenda item being delayed, representatives of NGOs had to make their interventions at a time when many governments, including Australia, were not present. In turn, Governments made their statements the following week when most Indigenous representatives had gone home.

Kenneth Deer, on behalf of the Kahnawake Mohawke people, made a plea for this to be avoided in the future, noting that for many Indigenous representatives the cost of traveling to Geneva is enough without then having to stay an additional weekend. The Chair of the CHR made a commitment to ensure that at the 58th session of CHR, the Indigenous issues agenda item will be scheduled earlier in the week to avoid being delayed if the meeting is running behind time.

The establishment of a special rapporteur is a significant step forward as it creates an active investigative mechanism for the enforcement of the human rights of Indigenous peoples. This will compliment the existing work done by the Working Group on Indigenous Populations and, when finally constituted, the Permanent Forum for Indigenous Populations. The eventual adoption of the Declaration on the Rights of Indigenous Peoples will further strengthen the protection of the human rights of Indigenous people. The next important step in this ongoing process will be the decision regarding who to appoint to the new position of Special Rapporteur for the Human Rights of Indigenous People.

For further information please contact Neva Collings at neva_c@hotmail.com.

Neva Collings is the Geneva-based international projects officer for the Foundation for Aboriginal and Torres Strait Islander Research Action.


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