General Assembly Session 61 meeting 108

Mr. Baghaei Hamaneh (Iran)

My delegation voted in favour of draft resolution A/61/L.67, entitled "United Nations Declaration on the Rights of Indigenous Peoples", adopted this morning by the General Assembly.

The protection of the rights of indigenous peoples all around the world is a matter of principle for the Islamic Republic of Iran, although Iran does not have any indigenous people as such. We trust that the adoption of the Declaration on the Rights of Indigenous Peoples by such an overwhelming majority will further contribute to the protection and promotion of the rights of indigenous peoples, who have long been subjected to injustices and discrimination as a result of colonization and the dispossession of their land and resources.

It is our understanding that the rights of indigenous peoples should be protected and enhanced within the context of national and international law, including the purposes and principles of the Charter of the United Nations, namely, respect for the territorial integrity and political sovereignty of the State.

It was undesirable and unfortunate that steward States decided to oppose the adoption by consensus of this important document. Nonetheless, we earnestly hope that those countries -- especially those having sizable indigenous communities, particularly Canada and Australia -- will observe and protect the rights of their indigenous peoples.

I request that this brief statement be registered in the official records of the General Assembly as the position of my Government.

Mr. Malhotra (India)

India has consistently favoured the promotion and protection of the rights of indigenous peoples. We were supportive of the efforts made in the framework of the Working Group of the Commission on Human Rights to elaborate a draft declaration on the rights of indigenous peoples. The fact that the Working Group was not able to reach a consensus on every aspect of the Declaration, despite such prolonged negotiations, was only reflective of the extreme complexity of the issues involved. After due consideration, we supported the adoption of the draft declaration at the first session of the Human Rights Council in Geneva last year.

The Declaration does not define what constitutes indigenous peoples. Yet, it is our understanding that the issue of indigenous rights pertains to peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization or the establishment of present State boundaries, and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions. That is precisely the definition used in International Labour Organization Convention C169 of 1989. Consistent with that definition, we regard the entire population of India at the time of our independence, and its successors, to be indigenous.

As regards the references to the right to self-determination in the Declaration, it is our understanding that the right to self-determination applies only to peoples under foreign domination and that this concept does not apply to sovereign independent States or to a section of people or a nation, which is the essence of national integrity. We note that the Declaration clarifies that this right to self-determination will be exercised by indigenous peoples in terms of their right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. In addition, article 46 states clearly that nothing in the Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the United Nations Charter or construed as authorizing or encouraging any action that would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.

It is on the basis of those two understandings that India voted in favour of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.

Ms. Myo (Myanmar)

Myanmar strongly recognizes the need to promote the political, economic and cultural rights of indigenous peoples. We have also followed the time-honoured tradition of supporting the self-determination of peoples under colonial rule. We have therefore consistently supported the right of all peoples living under colonial domination to exercise their right to self-determination in accordance with the United Nations United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples.

We maintain that the indigenous peoples residing in a sovereign State that have already attained self-determination have the right to participate in the political affairs of the State in accordance with the provisions of national laws. We are gratified by the provision that nothing contained in the Declaration may be construed as authorizing or encouraging any action which dismembers or impairs, totally or in part, the territorial integrity or political unity of sovereign and independent States.

The Declaration also clearly stipulates that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration.

The provisions in the Declaration will be interpreted by Myanmar in accordance with the principles of sovereignty, territorial integrity and national unity. The nature and the scope of the measures to be taken to give effect to the Declaration will be determined in a flexible manner, bearing in mind the historical background and national particularities of Myanmar. In that understanding, my delegation voted in favour of resolution 61/295.

Mr. Mbuende (Namibia)

Today, we have reached another historic milestone. Namibia is pleased to have supported the adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly today. We have walked a long way to reach where we are today. Members may recall that it was Namibia, as Chairman of the Africa Group for the month of November 2006, that moved a motion for deferment of consideration of the draft declaration on the rights of indigenous peoples by the General Assembly in order to allow Member States to consult with a view to adopting the declaration before the end of the sixty-first session.

We did everything in our power to live up to that promise. We engaged in protracted consultations and negotiations with States that had concerns, as those of us who supported the declaration had, and we also had audiences with representatives of several indigenous organizations.

We made very clear from the outset that Namibia is not opposed to the idea of having a declaration on the rights of indigenous peoples. We, as historical victims of deprivation of our rights, could not do anything that would be construed as denying any peoples of their human rights. We have experienced first-hand what it is to be denied our rights. We have experienced first-hand the pain and anguish of being treated as second-class citizens in the land of our birth. Having been victims of injustice, we became champions of human rights and the right of peoples to self-determination. We have been friends of human rights instruments.

The United Nations Declaration on the Rights of Indigenous Peoples, as adopted by the Human Rights Council, presented a number of legal problems for Namibia. The argument that the Declaration is not binding did not appeal to us. We take our obligations seriously. Once we adopt an instrument we want to promote, defend and protect it. That could not have been done if we did not effect the amendments that we did. Namibia therefore wishes to place on record its understanding of certain provisions of the Declaration.

First, Namibia understands that nothing in the Declaration may be interpreted in any way to mean that measures adopted by States for securing the equal enjoyment of human rights and fundamental freedoms of indigenous peoples and individuals create, as a consequence, new separate rights.

Secondly, Namibia wishes to place on record its understanding of article 46.1 to confirm that the Declaration does not in any way authorize or encourage any action that would dismember or impair, totally or in part, the territorial integrity and political unity of sovereign independent States.

Thirdly, Namibia understands that the word "law" in article 46.2 of the Declaration means the national laws of States. Accordingly, Namibia understands that the exercise of the rights set forth in this Declaration are subject to the limitations determined by the constitutional frameworks and other national laws of States.

Indigenous peoples are part and parcel of our society. They are not an entity distinct from the rest of us, be it culturally, linguistically or, indeed, in terms of mode of life. Hunting and gathering is a transient mode, not a permanent feature, in the life of any society. We recognize, however, that there are historically marginalized communities that need special assistance in order to be able to enjoy the rights that are enshrined in our constitution and to take advantage of political, social and economic opportunities. To that end, the Government of Namibia has designated its Deputy Prime Minister to spearhead a programme for the social and economic empowerment of marginalized communities. We believe that it will not be long until those marginalized communities are empowered to participate on an equal footing with others in the life of society and to enjoy the social and economic benefits accruing to all members of society.

Mr. Acharya (Nepal)

Nepal appreciated the opportunity to vote on this historic Declaration on the Rights of Indigenous Peoples after long negotiations both in the Human Rights Council and here in the General Assembly. Nepal voted in favour of resolution 61/295 as we are strongly committed to safeguarding and promoting the rights and interests of various ethnic and indigenous peoples.

As a nation that has a diverse ethnic composition and that is home to various indigenous peoples, Nepal consistently upholds the rights of indigenous peoples. The new democratic dispensation in Nepal is fully committed to protecting the rights of indigenous peoples and has opted to pursue the path of a fully inclusive democratic framework, which has been reflected in the comprehensive peace agreement, the interim constitution adopted last year and the agreement reached earlier this year between the Government and the representatives of the Janjatis and indigenous peoples. Those commitments will be accommodated in the new constitution, which will be written by the Constituent Assembly to be elected on 22 November 2007. The Assembly will take decisions with regard to these issues, articulating the interests and aspirations of all Nepalese citizens, including indigenous peoples.

It has been a principled stand of the Government of Nepal to remain fully committed to the promotion and protection of the human rights of all, including the rights of indigenous peoples, in a positive manner and to support them in every possible way within the overall framework of the country's sovereignty and territorial integrity.

It is Nepal's understanding that the principles mentioned in this Declaration are collective reflections of the good intentions of the international community as guidelines for the protection and promotion of the rights of indigenous peoples and therefore do not create any binding legal or political obligations on the part of the States that voted in favour of it.

Mr. Anshor (Indonesia)

My delegation voted in favour of resolution 61/295, on the Declaration on the Rights of Indigenous Peoples, and wishes to make the following explanation.

Even after the prolonged process of negotiation on the Declaration, it is to be regretted that several important aspects of the document remain unresolved, in particular those relating to the definition of what constitutes an indigenous people. The absence of such a definition will prevent us from having a clear idea as to the individuals or groups of individuals to whom the rights set out in the Declaration are intended to be accorded or the exact situations to which the Declaration is applicable.

It is in that context that my delegation deems it necessary to make the following interpretive statement. It is our understanding that the issue of indigenous tribes pertains to people in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization or the establishment of present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions.

That is the definition used in International Labour Organization (ILO) Convention No. 169 of 1989. According to the ILO Convention, indigenous peoples are distinct from tribal peoples -- a term referring to peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations.

Given the fact that the entire population of Indonesia has remained unchanged since the time of its colonization and subsequent independence, and the fact that Indonesia is a multicultural and multi-ethnic nation that does not discriminate against its people on any grounds, the rights stipulated in this Declaration accorded exclusively to indigenous peoples are not applicable in the context of Indonesia. However, we will continue, in accordance with our national laws, to promote and protect the traditional collective rights of the sub-ethnic communities that we call Masyarakat Adats, which are not equivalent to indigenous peoples as referred to in the Declaration.

However, we are of the view that the Declaration will be instrumental in the promotion and protection of the human rights of the peoples to whom it is intended to be applicable.

Mr. Hayee (Pakistan)

I am grateful for the opportunity to explain the position of my delegation regarding the United Nations Declaration on the Rights of Indigenous Peoples, which we adopted this morning as an annex to resolution 61/295.

Believing in the principle of the universality and interrelatedness of all human rights, we fully support the human rights of indigenous peoples as enshrined in the Declaration. Indeed, indigenous peoples have the right to freely pursue their economic, social and cultural practices as set out in that document. It is for that reason that Pakistan voted in favour of the Declaration both in the Human Rights Council and today in the General Assembly.

Although the Declaration does not contain a definition of indigenous peoples, we understand that that term stands for peoples in independent countries which are regarded as indigenous on account of their descent from the populations which inhabited the country, or the geographical region to which the country belongs, at the time of conquest or colonization or the establishment of present State boundaries and which, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions, as stipulated in International Labour Organization (ILO) Convention No. 169, concerning indigenous and tribal peoples in independent countries.

We hope that the adoption of this Declaration will also help to fulfil the objectives of the Decade for the promotion and protection of the rights of indigenous peoples and to enable them to retain their cultural identity while participating in political, economic and social life, with full respect for their cultural values, languages and traditions.

Mr. Buffa (Paraguay)

The delegation of Paraguay welcomes the adoption of resolution 61/295, "Declaration on the Rights of Indigenous Peoples". Through our vote in favour, we supported that outcome, which was the culmination of a long negotiation process in which Paraguay participated in a constructive and supportive spirit.

At the same time, I would like to express my country's position regarding the Declaration just adopted and, in particular, its article 26. They will be interpreted in accordance with the relevant provisions of our national constitution and the normative framework of our national legal order. Finally, I wish to indicate that the 1992 constitution of the Republic of Paraguay sets out the rights of indigenous peoples in its chapter V.

Mr. Matulay (Slovakia)

Slovakia aligns itself with the statement to be delivered later by the representative of Portugal on behalf of the European Union.

My country in principle welcomes the United Nations Declaration on the Rights of Indigenous Peoples as an important tool for the promotion and protection of the rights of indigenous peoples. We therefore regret that such an important tool had to be adopted by a vote.

We fully recognize the rights of indigenous peoples under international law to be on an equal footing with those of others. We therefore voted in favour of adopting the Declaration. However, Slovakia wishes to stress that international human rights protection is based on the principle of the individual character of human rights. Slovakia therefore does not accept the concept of collective human rights in international law that has been integrated into the text. We would like to point out the distinction drawn with regard to this topic in the preamble of the Declaration. It clearly distinguishes between the individual character of the human rights of indigenous individuals and the collective rights indispensable for their existence, well-being and integral development as peoples. Those collective rights should not be considered as human rights.

Taking into account that there is no indigenous population in Slovakia, I stress that the citizens of the Slovak Republic do not fall under the scope of the Declaration.

Mr. Aksen (Turkey)

Last year in the Third Committee, Turkey supported the initiative to defer consideration of the United Nations Declaration on the Rights of Indigenous Peoples so that negotiations on the text could continue, with a view to achieving broader support for this important Declaration. We are pleased to see that the amendments made to the text of the Declaration, as well as to the draft resolution by which the Declaration has been adopted, have been instrumental in achieving the desired broader support. In that regard, Turkey voted in favour of the adoption of the Declaration. For the record, Turkey would like to underline the following interpretative points in relation to the Declaration.

The Declaration is not legally binding. However, it can constitute an important policy tool for those States that recognize indigenous peoples within their national territories. Turkey does not have any group within its territory that falls within the scope of indigenous peoples to which the United Nations Declaration on the Rights of Indigenous Peoples applies.

Turkey would like to emphasize that, as stated in paragraph 1 of article 46 of the Declaration,

"Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States."

Mr. Hermoso (Philippines)

My delegation is taking the floor to explain its vote following the voting on the United Nations Declaration on the Rights of Indigenous Peoples.

The Philippines has consistently upheld the promotion and protection of the rights of indigenous peoples. Section 22 of article II of the Constitution expressly provides that "The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development." In addition, in 1997 the Philippine Congress passed the Indigenous Peoples Rights Act, which promotes and protects the rights of indigenous cultural communities in the Philippines.

It is on that basis that the Philippines voted in favour of the United Nations Declaration of the Rights of Indigenous Peoples. My delegation's expressions of support is premised on the understanding that the right to self-determination as expressed in article 3 of the document shall not be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of a sovereign or independent State possessed of a Government representative of the whole of the people belonging to that territory.

Our vote of support is likewise premised on the understanding that ownership of lands and natural resources is vested in the State, in accordance with the doctrine embodied in section 2 of article XII of the Philippine Constitution.

Mr. Akindele (Nigeria)

We of the Nigerian delegation are indeed very elated at seeing you in the Chair this afternoon, Sir.

Coming to the crux of the matter, today, 13 September 2007, is a very historic day indeed. We have just witnessed the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. The Nigerian delegation welcomes the broad areas covered by the Declaration, which are in tandem with, and germane to, the Nigerian Constitution. Indeed, the Nigerian Constitution is replete with provisions strengthening some of those areas.

However, my delegation wishes to stress that a number of concerns critical to the interests of my country were not satisfactorily addressed. Some of those concerns include the issue of territorial integrity, self-determination -- articles 3 and 4 -- the control of lands, territories and resources -- article 26 -- and article 37, which deals with the important issue of treaties.

My country's national institutions, national laws -- including its national human rights commission -- and the principle of federal character -- under which we established the Federal Character Commission -- all ensure national integration. They will continue to promote the issue of the human rights, culture and the dignity of indigenous peoples. Indeed, those provisions affect all the rights of all Nigerians. In addition, the slogan "Unity in diversity" continues to be the guiding principle in the management of the more than 300 ethnic groups in Nigeria, which speak more than 300 languages.

We are therefore pleased to have abstained from voting this morning.