MINELRES: UN Sub-Commission on the Promotion and Protection on Human Rights:
session on the prevention of discrimination
MINELRES moderator
[email protected]
Fri Aug 22 08:24:42 2003
Original sender: Sandra Aragon <[email protected]>
Dear Colleagues,
For your information, please find a United Nations' press releases about
the discussions that took place on the 11th of August 2003 at the
Sub-Commission on the Promotion and Protection on Human Rights during
its 55th session on the prevention of discrimination, including issues
related to racism, racial discrimination and xenophobia; prevention of
discrimination and protection of indigenous peoples; and the prevention
of discrimination and protection of minorities.
Best regards
Sandra Arag�n-Parriaux
NGO liaison officer
Anti-Discrimination Unit
OHCHR
Tel: 00 41 22 917 93 93
Fax: 00 41 22 917 90 50
----------------------
UNITED NATIONS
Press Release
SUB-COMMISSION HEARS INTRODUCTIONS TO REPORTS ON DISCRIMINATION BASED ON
WORK AND DESCENT, INDIGENOUS ISSUES
Sub-Commission on the Promotion and
Protection of Human Rights
55th session
11 August 2003
Afternoon
Chairperson and Rapporteur of the Committee on
the Elimination of Racial Discrimination Address Sub-Commission
The Sub-Commission on the Promotion and Protection on Human Rights this
afternoon continued its consideration of the prevention of
discrimination, including issues related to racism, racial
discrimination and xenophobia; prevention of discrimination and
protection of indigenous peoples; and the prevention of discrimination
and protection of minorities. In this context, the Sub-Commission heard
introductions to reports by Sub-Commission Experts and a Special
Rapporteur on discrimination based on work and descent, and on
indigenous peoples' permanent sovereignty over natural
resources.
Sub-Commission Experts Yozo Yokota and Asbjorn Eide had undertaken work
on issues related to discrimination based on work and descent. Mr. Eide
said everyone was born free and equal in dignity and rights and that
discrimination based on descent was a head-on challenge to that
principle. Racial discrimination included distinctions, exclusions,
restrictions or preferences based on descent which nullified or impaired
equal enjoyment of human rights.
Mr. Yokota added that while discrimination based on work and descent was
a most serious human rights violation, most international human rights
instruments did not refer specifically to this type of violation. It had
therefore been an issue on the periphery in the human rights
environment. It was essential for the international community and
Governments to acknowledge the existence of the problem and to take
measures to prevent such discrimination.
Addressing issues contained in her report on indigenous peoples'
permanent sovereignty over natural resources, Special Rapporteur
Erica-Irene Daes stressed that the reconciliation of the legitimate
interests of States with the prior and paramount rights of indigenous
peoples to their natural resources, was a critical and necessary step
for the advancement of the rights of indigenous peoples. Meaningful
political and economic self-determination of indigenous peoples was not
possible without indigenous peoples' having the legal authority to
exercise control over their lands and territories in order to enjoy
economic and other benefits deriving from their natural resources. In
this connection, the term "sovereignty" referred not to the abstract and
absolute sense of the term, but rather to governmental control and
authority over their resources in the exercise of the right to
self-determination.
The Chairperson of the Committee on the Elimination of Racial
Discrimination (CERD), Ion Diaconu, also addressed the Sub-Commission
this afternoon, stressing that the Committee was endeavouring to make
sure that the provisions of the International Convention on the
Elimination of all Forms of Racial Discrimination were implemented in an
improved manner. In the context of State reporting, the issue of
non-citizens was not dealt with properly. The Sub-Commission was asked
to contribute with its opinion on this issue so that the rights of
non-citizens could be considered from all
angles.
Patrick Thornberry, Rapporteur of CERD, also participated in the
interactive debate, saying that discrimination on work and descent was
an issue that deserved long-term attention. CERD had undertaken work on
this issue in an attempt to highlight to States what their
responsibilities
were.
Participating in a subsequent interactive debate on the reports
presented under the prevention of discrimination were Sub-Commission
Experts Jose Bengoa, Antoanella-Iulia Motoc, Vladimir Kartashkin,
Francoise Jane Hampson, Fisseha Yimer, Manuel Rodriguez-Cuadros, Soo Gil
Park, Kalliopi Koufa, El Hadji Guisse, Leila Zerrougui, Christy Ezim
Mbonu, and David Weissbrodt.
Making concluding remarks, Halima Embarek Warzazi, Chairperson of the
Sub-Commission, stressed the importance of the Convention on Migrant
Workers and Members of their Families and the need for more States to
ratify it. Without more ratifications, the Convention would be nothing
but a dead letter, much to the sorrow of minorities and migrants, as
well as the human rights community.
The Sub-Commission will reconvene at 10 a.m. on Tuesday, 12 August, to
continue its consideration of prevention of discrimination.
Documents
Under the agenda item on prevention of discrimination, the
Sub-Commission has before it a working paper submitted by Asbjorn Eide
and Yozo Yokota on discrimination based on work and descent
(E/CN.4/Sub.2/2003/24). The paper contains sections of information on
some affected communities outside of Asia, including to endogamous
occupations groups in West Africa, groups in North-East Africa, Somali
sab groups, akhdam of Yemen, osu of Igboland, diaspora communities, and
ethnic minorities discriminated against on the grounds of work and
descent. The paper also contains information on common features of
different cases of discrimination based on work and descent, their
causes and consequences. The paper recommends that the Sub-Commission
disseminate widely CERD general recommendation XXIX on descent-based
discrimination; take appropriate measures, or strengthen existing
measures - constitutional, legislative and administrative - to
effectively prohibit and eliminate discrimination based on work and
descent; provide adequate remedies; establish appropriate affirmative
action mechanisms for members of affected communities; and implement
public awareness-raising and education
campaigns.
There is a report of the Special Rapporteur, Erica-Irene Daes, on
indigenous peoples' sovereignty over natural resources
(E/CN.4/Sub.2/2003/20). The present report contains a preliminary
discussion of the term sovereignty as applied to indigenous peoples and
natural resources, taking into consideration, among other things, the
comments made by members of the Sub-Commission, as well as an annex
containing a selected bibliography, a list of relevant cases, and a
compilation of relevant international law standards. The importance and
usefulness of a study on indigenous people's permanent sovereignty over
natural resources has been further emphasized by the ongoing debates
about indigenous peoples' right to self-determination and the adverse
impacts of natural resource exploitation in indigenous territories.
Consequently, the reconciliation of the legitimate interests of States
with the prior and paramount rights of indigenous peoples to their
natural resources has been recognized by many as a critical and
necessary step for the advancement of the rights of indigenous
peoples.
Before the Sub-Commission there is a report of the Working Group on
Indigenous Populations (E/CN.4/Sub.2/2003/22) which contains information
on the organization of the session, major issues raised by participants
and members, conclusions and recommendations, as well as annexes of
lists of participants, documents and interventions by observer
delegations. The Working Group called upon States, international
financial institutions and the private sector financing or implementing
major projects that affected negatively the livelihoods and lands of
indigenous peoples, to suspend these projects so that a full review
could be undertaken to ensure that, if they were to continue, indigenous
peoples' human rights would not be violated. The Working Group invited
the Office of the High Commissioner, as a matter of priority, to
organize a second workshop on indigenous peoples, mining companies and
human rights with a view to preparing guidelines based on respect for
the cultures and traditions of these communities and the principle of
full, prior and informed consent that companies would be encouraged to
comply with when planning activities on indigenous peoples' lands. The
Working Group decided that it would begin the elaboration of a legal
commentary on this principle. Recommendations were also made with regard
to cooperation with other United Nations bodies; the World Conference
against Racism; the International Decade of the World's Indigenous
People; Voluntary Funds; and States threatened with extinction. The
Working Group decided that its principal theme at its next session would
be "Indigenous peoples and conflict
resolution".