DOCUMENT: RPT12COR.TXT
U N I T E D N A T I O N S
ECONOMIC AND SOCIAL Distr.
COUNCIL GENERAL
E/CN.4/Sub.2/1994/30/Corr.1 ENGLISH ONLY
7 September 1994 GE.94-14273 (E)
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention
of Discrimination and
Protection of Minorities
Forty-sixth session
Agenda item 15
DISCRIMINATION AGAINST INDIGENOUS PEOPLES
Report of the Working Group on Indigenous Populations
on its twelfth session
CORRIGENDUM
PARAGRAPH 41
For the existing text, SUBSTITUTE
41. The observer delegate for Brazil pointed out the
attention given to the draft declaration in his country,
particularly in the press. He expressed the opinion that, in
order to be universally acceptable, the draft declaration
should take into account INTER ALIA the diversity of situations
in which indigenous communities were found throughout the
world, as well as their different degrees of economic and
social development. He emphasized that, although the draft
declaration contained a great number of articles generally
considered to be positive, such as those relating to cultural
identity and indigenous development, some of its provisions
give rise to concern in their present formulation, and might
encounter difficulty in being accepted by many Governments. He
referred, in particular, to the provisions on the right to
self-determination, which were not, in their present
formulation, consistent with constitutional and international
law practices. He also observed that the use of the words
"indigenous peoples" as the subjects of the rights contained in
the draft might lead to ambiguous interpretation, incompatible
with international law. He considered that further
clarification would also be required on the meaning and extent
of indigenous autonomy and self-government in matters relating
to their internal and local affairs, as well as on the concept
of demilitarization of indigenous lands and on access by
indigenous people to international procedures for conflict
resolution with States. He proposed that the expression "land,
territories and resources" be replaced by the words "land and
natural resources" in order better to reflect the diversity of
situations and indigenous tenure regimes throughout the world.
It was the view of his Government that the articles which were
intended to ensure indigenous people access to international
cooperation for environmental protection and improving the
productive capacity of their lands did not reflect adequately
the role as catalyst and the coordination role that must be
played by governmental agencies. In concluding, he said that
the declaration, when adopted in its final version, would
reflect an adequate balance between the aspirations of
indigenous people and the concerns of Governments in order to
be effective.
PAGE 17
After paragraph 57, INSERT the following paragraph.
The observer for Brazil informed the Working Group that
the new Federal Law on Indigenous Societies in his country had
recently been approved by the Brazilian Chamber of Deputies and
was soon to be considered by the Senate for final adoption.
That new legislation envisaged the promotion of indigenous
participation in the decision-making process in matters which
affected the implementation of the right of indigenous
communities to benefit from the exploitation of natural
resources in their lands, including by regulating mining
activities on them, and the protection of intellectual property
rights of their traditional knowledge in order to ensure
compensation and sharing of benefits arising from the
sustainable utilization of that indigenous heritage.
PARAGRAPH 62 on page 17 should read:
62. The observer for Brazil informed the Working Group of
recent developments concerning the Yanomami community. He
explained that, as a result of a series of conflicts involving
gold diggers and Indians, 16 Yanomamis had died and four others
had been injured in an incident that had occurred along the
border between Brazil and Venezuela. A bilateral committee had
been set up by the respective Governments to follow up measures
taken in both countries to inquire into the matter. As a result
of police investigations, five persons had been indicted and
charged with murder, illegal mining, smuggling, hiding corpses
and damaging indigenous patrimony. During the second meeting of
the ad hoc bilateral committee an IN SITU fact-finding mission
had taken place and special arrangements put in place to
facilitate the exchange of evidence allowing the prosecution of
the suspects. As a further step to protect the Yanomami and
other indigenous communities in the Amazon, the Brazilian
Government was implementing an extensive surveillance system to
control air traffic and prevent the invasion of indigenous
lands by gold diggers.
PARAGRAPH 76
REPLACE the words "indigenous lands" in the paragraph BY
"indigenous territories".
Paragraph 103
The paragraph SHOULD READ:
The observer delegate for Brazil expressed his
disappointment with the proposals contained in the report by
the Chairman of the Technical Meeting, many of which he
considered not to be action-orientated or directly related to
the goals set out for the Decade in resolution 48/163. His
Government expected a programme of action supportive of
sustainable development of indigenous populations. Although
some of the proposals constituted a useful basis for the
elaboration of specific agendas of action by the United Nations
system, he was concerned by the biased focus on building up a
network between the United Nations Secretariat and indigenous
communities, by-passing government channels. Among the thematic
areas proposed, the inclusion of polemic issues, such as "self-
determination", did not help a constructive dialogue among
Governments and indigenous observers to devise pragmatic
projects for concrete action to benefit national indigenous
populations. He proposed that protection of the intellectual
property rights of indigenous knowledge be added to the list of
thematic projects. Lastly, he emphasized the importance of
bilateral cooperation, in particular financial and technical
cooperation, for the success of the International Decade.
PARAGRAPH 128
The paragraph SHOULD READ:
The observer for Uruguay made a statement on behalf of
Brazil, Nicaragua, Panama and his own country. He expressed the
view that the Working Group had established, throughout its
existence, a constructive framework for dialogue among its
members and observers from Governments and indigenous
populations. However, the legal basis for the convening of the
Working Group was that of an ad hoc group authorized annually
by its parent bodies. The Vienna Declaration and Programme of
Action, by recommending consideration of the possible
establishment of a permanent forum for indigenous people, had
given the opportunity to establish, on a permanent basis, the
positive experience of the Working Group. In that sense, the
possibility was open for broadening of its mandate, and
including new issues such as sustainable development, health
and economic activities. That would be in line with the goals
of the International Decade and it would allow the Working
Group to make recommendations, through appropriate channels, to
the relevant agencies of the United Nations system. In the view
of those countries, it might also be considered, in adopting a
decision to make the Working Group a permanent body, to
recognize, exceptionally, that indigenous observers did not
need to be accredited to the Economic and Social Council,
although their legitimate participation should be according to
criteria to be defined.
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