And now:Ish <[EMAIL PROTECTED]> writes: >X-Originating-IP: [192.91.247.212] >From: "John Stevens" <[EMAIL PROTECTED]> >Subject: Day 3 of Permanent Forum >Date: Fri, 19 Feb 1999 01:04:47 PST > >Summary of Debate - United Nations Open-Ended, Intersessional, Ad Hoc >Working Group on a Permanent Forum for Indigenous Peoples, 17/2/99 (Day >3) >(Note: this material is based on both taped transcription and real-time >notetaking, and does not perfectly or comprehensively reflect the >debates or responses. It is a basic, quick draft whose purpose is to >emphasize prevalent trends in the proceedings. Please direct any >questions, clarifications, omissions, or comments to John Stevens, >ACUNS/Native Americas magazine [for Netwarriors]. All errors are solely >mine.) > >Morning Session: > > Wednesday began with a continuation of the previous day's discussion on >the PF's mandate. Many of the suggestions and issues of the previous >day were carried over into this debate, with a few new ideas and some >noteworthy rejoinders from indigenous representatives and supportive >states that created an incisive dialogue between the various delegates. >While a number of delegates recapitulated previous opinions on the >parameters of membership, rules of participation, number of members, >etc. others suggested alternative formations. > > Indigenous representatives from Mexico, Russia, North Africa, >Aotearoa/New Zealand, and the International Indian Treaty Council >discussed the geopolitical issues involved in assembling an adequate >membership base for the PF. They pointed out that the standard UN >regional structure was inadequate to determine a "proper geographic >spread" of indigenous peoples, and that relying on such a geopolitical >structure might create imbalances and inconsistencies in indigenous >representation (this was to some extent supported by Malaysia and Cuba). >This was partly linked to the idea of full and equal participation, but >also to the notion that the PF will be a very different sort of UN body; >several delegates asserted that the PF would be a "unique" body ( a >position taken early on by Denmark), and that its composition and >process would have to reflect historical, political, and institutional >concerns of indigenous peoples, from questions of colonialism and >assimilation to the need to protect and enhance indigenous peoples' >rights. > > Another significant issue that heated up in this debate was that of >determining "valid" indigenous membership. Japan, China, and most >fervently Bangladesh all commented that a strict definition of who was >indigenous would be required . Chile made some intimations along these >lines by stating that indigenous membership would have to follow UN >rules, including the current regional distribution, but the three Asian >countries that spoke in this session all highlighted the definition >issue as tied to their final approval of a PF. A Chakma indigenous >representative responded directly to China by pointing out that in other >international conventions (such as ILO No. 169) self-definition of >indigenous peoples was a primary determinant of their status, and also >pointed out that Bangladesh had signed an earlier convention on >indigenous peoples, ILO Convention No. 107. An indigenous >representative from Southeast Asia responded to Brazil's contention that >indigenous representation be channel through national governments by >asking all states to trust that the indigenous peoples would be as >responsible as possible in composing their part of the PF's membership. > >The previous day's intervention by the US, wherein they stated that >indigenous peoples could not be on the same level as nation-states in >the PF, was also remembered and attacked by Willie Littlechild >(IOIRD/Ermineskin Cree), who pointed out the US's long-standing history >of treaty relations with American Indian groups as "nation-to-nation" >relations. A Russian indigenous representative called the US position >"destructive" and unhelpful in creating a PF that would have real >participation from indigenous peoples. Norway and Mexico both stressed >in their interventions that indigenous peoples should have full rights >of participation, and Mexico declared that the appointment of indigenous >members to the PF should come from the indigenous communities >themselves. Despite some problems, the Chair declared that he perceived >consensus on a number of issues, and that he would try to accentuate >this in his summary. > >After a short break, the Chair reconvened the meeting and delivered his >summary (which I hope to transmit later today). Translation was a >problem; the text was exclusively in English and Spanish-speaking >delegates requested a text that they could analyze more carefully. The >Chair explained that this was not in his power due to the situation in >the other building with the Kurds. After some wrangling over this >issue, the Chair left it to the delegates to work out and turned to the >afternoon's work. He gave a brief precis of the afternoon's >proceedings, which would focus on what level the PF should be situated >at: should it be under ECOSOC, parallel to it, attached directly to the >General Assembly, etc. He hoped to have that finished by 4PM, when the >group could move on to a discussion of more technical matters, such as >financing, location, etc. > > >Afternoon session: > >What was supposed to be an hour-long discussion turned into, perhaps not >surprisingly, a slightly longer discussion. The Chair requested that >delegates respond to a very particular question in regard to the PF's >level: "does the previous discussion on the mandate lead us to believe >that the PF should in some way be attached to ECOSOC?" The Chair >qualified this on several occasions by emphasizing that he was not >asking if it was to be under ECOSOC, but asking what relation it should >have to ECOSOC, based on the discussion to this point? This produced a >torrent of responses that created a complex map of possibilities for the >PF's placement, but it was obvious by the end of the discussion that >many delegates agreed that ECOSOC was a good attachment point for the PF >onto the UN system. > >Some delegates, such as Denmark, advocated a direct attachment of the PF >to ECOSOC, and indigenous delegates such as the IITC advocated that it >report directly to ECOSOC like one of the Commissions. A number of >indigenous delegates agreed, while also bringing up the fact that the PF >would also be a unique institution that should not be thought of in a >strict UN mold; Norway supported this idea as well. Switzerland, >Mexico, and Spain advocated a "tenth Commission" formula for locating >the PF, while other states more vaguely located the PF within ECOSOC (a >few states said they could not decide on this matter until a concrete >mandate was nailed down). There was support for this from some >indigenous delegates, but several others, such as Willie Littlechild and >a representative of the Assembly of First Nations, felt that the PF >should be attached to the General Assembly directly. Other, such as >Joseph Ole Karia of the MAA Development Association (Maasai), thought >that it should be a parallel body to ECOSOC. Also advanced was the idea >that the PF report directly to the Bureau of the Secretary-General, but >the Chair countered that the S-G's office was the highest >administrative level, and that the General Assembly was the highest >legislative body, so he felt that such a request was not to the highest >effective level. > >The US position was that the PF should report to ECOSOC under the >Commission on Human Rights, since the PF's focus should be on human >rights. The US then attempted to go into a discussion of the need to >eliminate or fuse the WGIP to the PF, but was soundly gaveled by the >Chair for going off-topic. A number of other states agreed with the US >delegation's CHR placement, such as Venezuela, the United Kingdom, >Argentina, and New Zealand, while Holland specifically rejected this >idea. > >The day ended with some procedural wrangling over the CRPs. The Chair >broke and reconvened the meeting to present a CRP summary on the >afternoon's debate, which led to a number of states requesting pinpoint >clarification of the purpose and future of the documents. Several >states seemed concerned that these would be the heart of the report, but >the Chair tried to assure them that they were only talking papers to >stimulate discussion and response, and that both the Indigenous Caucus >and states would be allowed to give their views on them in separate >consultations. He wanted to sue them to find points of consent and >friction so that he could write a better report. Peru tried to open a >larger debate, but was cut off by the Chair because it was 6PM. > > &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&