Report of the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities

1993/31. Report of the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities

The Commission on Human Rights, Recalling Economic and Social Council resolution 1982/34 of 7 May 1982, in which the Council authorized the Sub-Commission on Prevention of Discrimination and Protection of Minorities to establish annually a working group on indigenous populations with the mandate to review developments pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous people, giving special attention to the evolution of standards concerning the rights of indigenous people, Recalling also its resolution 1988/44 of 8 March 1988, in which it urged the Working Group on Indigenous Populations to intensify its efforts in carrying out its plan of action and to continue the elaboration of international standards in this field, Recalling further its resolutions 1990/62 of 7 March 1990, 1991/59 of 6 March 1991 and 1992/44 of 3 March 1992 in which it recommended to the Economic and Social Council that the Working Group be authorized to meet for ten working days for the purpose of intensifying its efforts to complete a draft declaration on indigenous rights, and the plan contained in the recommendations of the Working Group (E/CN.4/Sub.2/1991/40, annex I) and in the report of the Working Group (E/CN.4/Sub.2/1992/33, chap. VI) for the completion of the first and second readings of the text of the draft declaration, Having examined the report of the Working Group on its tenth session (E/CN.4/Sub.2/1992/33 and Add.1), Conscious that, in various situations, indigenous people are unable to enjoy their inalienable human rights and fundamental freedoms, Determined to do everything possible to promote the enjoyment of the human rights and fundamental freedoms of indigenous people, Bearing in mind that international standards must be developed on the basis of the diverse realities of indigenous people in all parts of the world, Bearing in mind also the need to conclude, as son as possible, a draft universal declaration on indigenous rights, reflective of the value and diversity of cultures and the forms of social organization of indigenous people, Reaffirming the decision of the Working Group, at its first session, that its working languages are English and Spanish,

1. Takes note of Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1992/33 of 27 August 1992 on the draft universal declaration of indigenous rights;

2. Expresses its appreciation and satisfaction to the Working Group on Indigenous Populations of the Sub-Commission for its valuable work, in particular the progress made at its tenth session in the area of standard-setting;

3. Also expresses its appreciation for the active and constructive participation in the work of the Working Group of observers for Governments, the specialized agencies, non-governmental organizations and, in particular, indigenous people's organizations;

4. Welcomes the recommendation of the Sub-Commission, in its resolution 1992/33, that the Chairman-Rapporteur of the Working Group, Mrs. Erica-Irene A. Daes, be entrusted with the task of further elaborating the paragraphs of the draft universal declaration which were agreed upon at second reading, taking into consideration, inter alia, the comments on the draft declaration which will be provided by Governments, indigenous people's organizations and other interested parties pursuant to the resolution of the Sub-Commission;

5. Requests the Secretary-General to give the Chairman-Rapporteur of the Working Group the resources and assistance necessary to carry out her task;

6. Recommends to the Economic and Social Council that:

(a) The Working Group be authorized to meet for ten working days prior to the forty-fifth session of the Sub-Commission, to make its best efforts to complete a draft declaration on indigenous rights in consultation with interested Governments and indigenous people's organizations;

(b) Upon final adoption of the draft universal declaration on indigenous rights, a report be issued as a United Nations sales publication to ensure its widest distribution;

7. Urges the Working Group to intensify its efforts to continue and to complete as soon as possible the elaboration of international standards based on a continued and comprehensive review of developments pertaining to the promotion and protection of the human rights of indigenous people and of the situation and aspirations of indigenous people throughout the world;

8. Requests the Secretary-General to give all the necessary assistance to the Working Group in discharging its task, including adequate dissemination of information about the activities of the Working Group, to Governments, specialized agencies and non-governmental and indigenous peoples, organizations, in order to encourage the widest possible participation in its work;

9. Welcomes and strongly endorses the request of the Sub-Commission to the Secretary-General to transmit the revised and reorganized text of the draft declaration to Governments, indigenous peoples' organizations and intergovernmental and non-governmental organizations well in advance of the eleventh session of the Working Group;

10. Requests the Working Group on Indigenous Populations, making its best efforts, at its eleventh session, and the Sub-Commission, at its forty-fifth session, to complete their consideration of the draft universal declaration of indigenous rights and to submit their report to the Commission on Human Rights at its fiftieth session;

11. Requests the Secretary-General:

(a) To transmit the report of the Working Group to Governments, indigenous peoples' organizations and intergovernmental and non-governmental organizations, as soon as possible, for specific comments and suggestions aimed at the clarification, simplification and generalization of the texts contained in the annexes to the report;

(b) To ensure that all meetings of the Working Group at its eleventh and future sessions are provided with interpretation and documentation in both English and Spanish;

12. Expresses its gratitude and appreciation to the Governments and organizations that have made contributions to the United Nations Voluntary Fund for Indigenous Populations;

13. Appeals to all Governments, organizations and individuals in a position to do so to consider favourably requests for further contributions to the Fund;

14. Encourages all the initiatives that can be taken by Governments, indigenous communities and non-governmental organizations to ensure the full participation of indigenous people in the activities related to the tasks of the Working Group.

57th meeting
5 March 1993
[Adopted without a vote. See chap. XIX.]