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

Thank you, Mr Chairperson

We support the continuation of the work to elaborate a Declaration on the Rights of Indigenous Peoples, and we request that the Commission on Human Rights take steps to ensure a successful outcome.

In our written statement, NGO Document 341 (UN Document E/CN.4/2005/NGO/341), we recommend that the Commission affirm Indigenous Peoples have:

• the right to self-determination,
• the right to own, control, and use our lands and resources, and
• collective rights.

We note the General Assembly’s call, that all parties present for adoption as soon as possible a final draft declaration on the rights of Indigenous People. (A/RES/59/174). We believe that the Commission should affirm the weight, acuity and accuracy of the draft declaration text supported by the Sub-Commission.

We recommend that the Commission establish a methodology and reporting framework which will ensure that the Commission remains fully aware of the willingness of all parties to conclude the task. We note the High Commissioner on Human Rights also calls for a programme of work, with targets and a time frame for the adoption of articles, and for the adoption of new and dynamic methods of work (see E/CN.4/2005/87).

Mr Chairperson

The United Nations has declared the Second Decade on the Rights of Indigenous Peoples. We ask the Commission to emphasise the important role of the High Commissioner on Human Rights in ensuring the success of the decade. The Commissioner should participate effectively in the development and implementation of human rights strategies in the programme of action, and the Commissioner should ensure the human rights bodies and mechanisms continue to cooperate on Indigenous issues to end human rights abuses.

We welcome the reports of the Special Rapporteur on the human rights and fundamental freedoms of Indigenous Peoples. The Rapporteur affirms that Indigenous peoples:

• are among the world’s most socially marginalized and dispossessed groups,
• generally the victims of various types of discrimination and denial of basic rights,
• dispossessed of our lands and resources, languages, culture and forms of government, and
• often denied access to basic social services.

The Rapporteur has included a worthy report on country situations, a format which we hope will continue and lead to action in the Commission to end human rights abuses against Indigenous Peoples.

We request that the Rapporteur meet with Indigenous Peoples representatives during an early stage of the next session of the Commission, to facilitate appropriate resolutions on matters arising from his reports.

We call attention to our written statement in NGO Document 340 (E/CN.4/2005/NGO/340) where we support the publication of the report on Indigenous Peoples Sovereignty over Natural Resources, as prepared by the Special Rapporteur, Madam Erica-Irene Daes. We also support that a seminar be convened this year on this topic. We ask that previous reports, on Indigenous Peoples’ Relationship with Land, and Protection of the Cultural Heritage of Indigenous Peoples, also be published.

Finally, Mr Chairperson, we call upon the States of Australia and New Zealand, who are in breach of the Race convention;

• to immediately end their discriminatory legislation against Indigenous Peoples’ land rights, resource rights, and rights to development, and
• to negotiate with the Indigenous Peoples for a satisfactory arrangement.

Thank you, Mr Chairperson