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Viewing cable 09USUNNEWYORK975, THIRD COMMITTEE DISCUSSES INDIGENOUS ISSUES

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Reference ID Created Released Classification Origin
09USUNNEWYORK975 2009-11-02 14:24 2011-08-24 01:00 UNCLASSIFIED USUN New York
VZCZCXYZ0011
RR RUEHWEB

DE RUCNDT #0975 3061424
ZNR UUUUU ZZH
R 021424Z NOV 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 7492
INFO RUEHBS/USEU BRUSSELS
RUEHGV/USMISSION GENEVA 3919
UNCLAS USUN NEW YORK 000975 
 
DEPT FOR IO/HR, DRL/MLGA, PRM/PIP, S/GWI 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM SOCI UNGA BH MY WS VE CO
SUBJECT: THIRD COMMITTEE DISCUSSES INDIGENOUS ISSUES 
 
1. SUMMARY: Addressing the Committee for the first time as Special 
Rapporteur on human rights and fundamental freedoms of indigenous 
people, James Anaya said the Declaration on the Rights of Indigenous 
Peoples (DRIP), adopted by the General Assembly two years ago, 
provided a clear normative framework for promoting and protecting 
the rights of indigenous peoples, which had historically been 
denied.  Representatives from 28 delegates spoke, including several 
international organizations. END SUMMARY. 
 
2. Anaya said the DRIP took basic human rights principles that were 
applicable to all, and elaborated on them in specific, historical, 
cultural, political and social contexts.  He described it as a 
"fundamentally remedial" instrument that aimed to overcome the 
marginalization and discrimination that indigenous peoples had 
systematically faced across the world due to colonization, conquest 
and dispossession.  He focused his work on four areas: 1) promoting 
good practices, 2) conducting thematic studies, 3) writing country 
reports, and 4) responding to cases of alleged human rights 
violations. 
 
3. During the discussion a number of speakers voiced concerns over 
the variety of bodies addressing indigenous issues within the UN 
system.  The U.S. representative suggested that overlapping mandates 
could frustrate efforts to address allegations of human rights 
abuses.  Still others, such as the representative of Belize, who 
spoke on behalf of the Caribbean Community (CARICOM), said clarity 
was needed on ways that would allow participation of indigenous 
peoples in the Organization's work, and in the context of the three 
indigenous mechanisms.  Malaysia's representative stressed that the 
cause of indigenous rights was not assisted by a "de facto" attempt 
of the Permanent Forum to change the legal understanding of the DRIP 
and its mandates through its General Comment at its May session.  He 
further said that debate had harmed and delayed acceptance of the 
Declaration as a set of principles, ideals and rights that all 
Member States could fully accept. 
 
4. The representative of Samoa took the opportunity to officially 
announce her Government's decision to formally endorse the DRIP. 
She said the decision had been made as a sign of Samoa's commitment 
to the human rights of indigenous peoples at both the domestic and 
international levels. 
 
5. The delegate from Venezuela said that the seven U.S. military 
bases that the Colombian Government was hosting in its territory 
further compounded violence against indigenous people.  She said 
that U.S. troops had immunity under Colombian law and asked if the 
Special Rapporteur thought that foreign military presence in 
Colombia might compound the negative effects of armed conflict 
there.  She also asked if the immunity enjoyed by the military and 
its civilian contractors would affect the situation in neighboring 
countries. 
 
6. Responding, Anaya said he coordinated with the Permanent Forum, 
especially in relation to company activity in extractive industries, 
because, in its 2008 report, the Permanent Forum had asked him to 
look into it. 
In regard to the Expert Mechanism, he noted that it had the primary 
function of engaging in research-based studies of indigenous 
peoples' rights and had used it in that way.  He said he was also 
working with regional groups, such as the Inter-American Commission 
and had sought to pass information to the Commission on cases it was 
reviewing for specific allegations of violations. 
 
7. Regarding Venezuela's questions about Columbia, he said he 
remained concern about Colombia's indigenous peoples, but would not 
comment further, since the report was still being developed and he 
continued to be engaged with the Colombian Government. 
 
 
 
Rice