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2004 InterSessional Working Group on the Draft Declaration

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Report on the 10^th Session of the InterSessional Working Group on the Draft Declaration on the Rights of the World's Indigenous Peoples

December 2004

The 2nd part of the 10th Session of the InterSessional Working Group met from November 29 through December 3, 2004. Many agreed that significant progress was made.   As a result of the efforts of the Caucus chairs and certain delegations, including the American Indian Law Alliance, a Caucus Statement on the Provisional Adoption of Articles was prepared.  It was to have been submitted on the last day of the session, however, do to some protocol issues, it was never presented.  At the request of the Caucus, AILA did however send the statement to the Chair and, subsequently, to the Permanent Missions of all the countries that participate in the Commission on Human Rights.  The letter to Mr. Chavez is followed by the Caucus Statement:

December 16, 2004

Dear Mr. Chavez:

We send you warm greetings and hope that you have had a chance to recover from your difficult duties at the Working Group’s December session.  We are pleased to attach the Statement on behalf of the Indigenous Peoples Caucus on Provisional Adoption of Articles (we have also pasted the text into this email for your convenience).  Unfortunately the Caucus did not get an opportunity to deliver this statement on the final day of the Working Group meeting due to the lack of time.  Pursuant to your directions for inclusion in your Report, we are submitting this Statement in compliance with the December 17^th deadline.  We respectfully request that this document be included in the Report on the Xth Session for December in the form of a supplemental paragraph to the report given by Norway on provisional adoption, and as an Annex to the Report.  The supplemental paragraph would read as follows:

“Supplementing Norway's report to the Chair on the Informal Consultation on Provisional Adoption of Articles, the Indigenous Caucus facilitators reported that the Indigenous Caucus, after much deliberation, wished to demonstrate its commitment to progress by supporting provisional adoption of PP1, PP3, PP4, PP5, PP9, PP18, and Articles 2, 42, and 44.   Additionally, the Indigenous Caucus would support provisional adoption of PP1, PP6, PP7, P8, PP12, PP16, PP17, and Articles 8, 9, 10, 14,19, 22, 34, and 40, after further discussion if necessary.”

The inclusion of this document in your Report is supported by the Norwegian delegation, who co-facilitated the informal consultations on provisional adoption of articles with members of the Indigenous Peoples Caucus. 

We would also request that the Secretariat be asked to post this document on their website along with other documents particularly relevant to this session.  Finally, if it is not too inconvenient for you, could you please acknowledge receipt of this email.  Your cooperation in seeing to a fair and balanced report is appreciated.

Sincerely, 

Kent Lebsock, American Indian Law Alliance, On behalf of June Lorenzo and Devasish Roy

10^th Session of United Nations Working Group on a Draft Declaration on the Rights of Indigenous Peoples

Geneva, 3 December, 2004

 Statement on behalf of the Indigenous Peoples Caucus

on

Provisional Adoption of Articles

 Being strongly encouraged by the Resolution of the 3^rd Committee of the General Assembly of the United Nations calling for the proclamation of the Second International Decade of the World’s Indigenous People, to commence on 1 January, 2005, and urging for the adoption, as soon as possible, of a final draft United Nations Declaration on the Rights of Indigenous Peoples,

Considering that the provisional adoption of preambular paragraphs and articles is an important means of facilitating progress towards the adoption of a United Nations Declaration on the Rights of Indigenous Peoples,

The Indigenous Peoples Caucus, consisting of Indigenous Delegations from all the seven regions of the world, meeting in Geneva on 3 December 2004, discussed the issue of provisional adoption of articles, and reached the following consensus:

1.         That the preambular paragraphs and articles mentioned below in Subset 1A may be provisionally adopted without any further discussion, since informal discussions at this session, and the reports of previous sessions, indicate that there is consensus on these paragraphs and articles.

Subset 1A

That the preambular paragraphs and articles mentioned below in Subset 1 B may likewise be provisionally adopted, if necessary after further discussion, since informal discussions at this session, and the reports of previous sessions, indicate that there is consensus on these paragraphs and articles, some of which are the result of the facilitation process involving both governmental and indigenous delegations.

 Subset 1B

That the preambular paragraphs and articles mentioned below in Subset 2 may be considered for provisional adoption after discussion, if needed.

 Subset 2

2.         It is important for all delegations participating in this Working Group to appreciate the difficulties of certain indigenous delegations in accepting changes to the sub-commission text. However, in the greater interest of attaining progress, and maintaining unity, they have decided not to object to this consensus. We sincerely hope that this significant and constructive gesture of goodwill will be reciprocated by governmental delegations.

 3.         The Indigenous Peoples’ Caucus wishes to thank the Norwegian Delegation for its efforts to identify preambular paragraphs and articles that are acceptable to both governmental and indigenous delegations for provisional adoption. Indigenous delegations from all the seven regions of the world have deliberated on the paragraphs and articles so identified by the Norwegian delegation as communicated to the Indigenous Caucus through the Co-Chairpersons of the Caucus.  A number of provisions that were included within the Norwegian proposals for provisional adoption, such as preambular paragraph 10 and articles 4, 6 and 45, do not coincide with the proposed list for adoption as prepared by the Indigenous Peoples Indigenous Caucus (Subsets 1A, 1B and 2). However, it appears that several of the provisions proposed by Norway for provisional adoption are common in both the Norwegian and the Indigenous delegations’ lists. In addition, we also note that many more provisions on these two lists are close to agreement. It is unfortunate that due to scarcity of time, and logistical difficulties, all the indigenous delegations could not conclude their consultations on these additional provisions. Nevertheless, the Indigenous Peoples Caucus feels that the Norwegian suggestions and the Indigenous Caucus’ Consensus List can serve as sound bases for further discussion at an appropriate time.  

Mr. Chairperson, we strongly urge you to consider these views and to have them fully reflected in your report on this session, and to include this statement as an annexe to the report.

Thank you.

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