Oral Statement by Les Malezer, Foundation for Aboriginal and Islander Research Action


Thank you, Mr Chairperson

The human right of Indigenous Peoples to own and control their lands and resources is already recognised in international law.

These rights were recognised in ILO Convention107 adopted in 1958, and was further elaborated in ILO Convention 169 in 1989.

The human rights treaty bodies have also confirmed the rights of Indigenous Peoples to own and control lands and resources.

CERD General Recommendation XXIII, for example, clarifies that States, to eliminate racial discrimination, must recognise and protect the rights of Indigenous Peoples to own, develop, control and use their communal lands, territories and resources.

In Decision 1997/114 the Commission authorised Special Rapporteur Mr Erica-Irene Daes to prepare a working paper on “Indigenous Peoples and their relationship with land”, and the final report was presented to the Sub-Commission in 2001 (E/CN.4/Sub.2/2001/21).

In 1998 the Sub Commission acknowledged the historical injustices and continued denial in resolution 1998/21.

The Sub Commission recognised that, despite the development of international standards and programmes which promote and affirm the the rights of Indigenous Peoples to their lands and resources, problems continue to abound to impede the effective enjoyment of indigenous land rights.

Mr Chairperson,

During this session the Member States and Participating States will hear many Indigenous groups express complete frustration over the failure of the open-ended Working Group to conclude work on the Draft Declaration on the Rights of Indigenous Peoples by the end of the First Decade on the World’s Indigenous Peoples.

The Working Group is not accepting the obvious and existing norms. Progress is being frustrated by those States with Indigenous Peoples who can not accept responsibilities of racial equality. It is being misled by States who are guilty of recent acts of racial discrimination against Indigenous Peoples and their ownership, control and use of natural resources.

Mr Chairperson

This Commission must not tolerate political and unethical interference in the completion of the Declaration on the Rights of Indigenous Peoples.

We call upon the Commission to act, to include in a resolution on Indigenous Peoples and Human Rights, a clear statement on the land rights of Indigenous Peoples, consistent with the standards and norms already understood in human rights law.


Thank you, Mr Chairperson.