HUMAN RIGHTS COUNCIL DISCUSSES RIGHTS OF MINORITIES, MIGRANTS AND INDIGENOUS PEOPLES

The Human Rights Council this morning discussed reports presented by its mandate-holders on protecting and promoting the human rights of minorities, migrants and indigenous peoples.

Gay McDougall, the Independent Expert on minorities issues, said her report made recommendations to States and international development agencies to assist in bringing minorities into poverty alleviation and Millennium Development Goals strategies. It also highlighted the importance of the participation of minorities and meaningful dialogue with them to ensure a deeper understanding of minority issues. In her visit to Hungary, she had found that the situation of the Roma remained dire, and that in spite of strong legislative frameworks on equal rights and opportunities, stronger action was needed to build on the existing foundations and introduce affirmative action. In Ethiopia, the Constitution provided well for fundamental freedoms for the diverse nationalities and peoples of Ethiopia. But there was poor confidence in the political process and a feeling that it was dominated by a political and ethnically based elite.

Hungary, speaking as a concerned country, said it was confident that certain mechanisms or institutions which the country had adopted to attempt to resolve particular problems were considered as examples of best practices. Of course, much remained to be done, in particular with regards to the Roma minority. In all areas, Hungary was determined to continue the dialogue that had begun.

Jorge Bustamante, the Special Rapporteur on the human rights of migrants, said Member States should demonstrate their commitment towards improving the rights of migrants by ratifying the International Convention on the Protection of All Migrant Workers and Members of Their Families. There were abusive working conditions imposed by employers, including child labour, withholding of passports, non-payment of wages, restrictions on freedom of movement, verbal and physical abuse, denial of the right of associations and abuses by migrant workers recruitment agencies. On his country visits, he urged the Republic of Korea to ratify the Convention and to review the Act Concerning the Employment Permit for Migrant Workers and to protect the rights of migrant women. Indonesia was also encouraged to work harder to protect the rights of female migrant domestic workers.

Indonesia, speaking as a concerned country, said Indonesia already had laws to protect Indonesian migrant workers overseas and others to protect migrants and unregistered workers. The report’s recommendations were both feasible and constructive and would be beneficial to Indonesia and to furthering the protection of migrants’ rights in general.

The Republic of Korea, speaking as a concerned country, said that the Special Rapporteur had employed certain arguments in a disproportionate manner and gave a number of examples of progress on employment and the rights of migrants and their spouses. Korea was making steps towards ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Rodolfo Stavenhagen, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, said his report aimed at helping guide the action of Governments, international human rights bodies and civil society in their efforts to strengthen the protection of indigenous peoples’ rights as new challenges threatened their survival as peoples. While the creation of a modern legal and institutional framework represented great progress in the protection of indigenous peoples’ rights, there was still an “implementation gap” between norms and practices. In Ecuador, the Government had created various state institutions to attend to the problems faced by indigenous peoples. However, in many cases, the effect of these institutions had been limited due to lack of resources. In Kenya, the situation of hunter-gatherer and pastoralist communities faced increasing difficulties, with an aggravation of their economic, social and cultural rights.

Ecuador, speaking as a concerned country, said it would proceed towards implementation of the recommendations of the Special Rapporteur within the legal and institutional framework of the country. The Special Rapporteur’s conclusions were seen as a relevant contribution to strengthen national institutions dealing with indigenous problems.

Kenya, speaking as a concerned country, said the Government recently made a number of interventions to improve the livelihood of nomadic, semi nomadic and pastoralist groups, including a national policy for sustainable development of arid and semi arid lands, primary education for nomadic people, and school feeding programmes.

Participants in the interactive dialogue raised a number of issues, including the importance of integrating issues relating to minorities, migrants and indigenous peoples at the national level; the need for increased ratification of the International Convention on the Rights of All Migrant Workers and Members of their Families; the importance of protecting female members of minorities, female migrant workers and female indigenous women who were particularly vulnerable to abuses; and the need for all to push the draft Declaration on the Rights of Indigenous Peoples through in the General Assembly.

Speaking in the interactive dialogue were delegates of Australia, Russian Federation, Germany on behalf of the European Union, Austria, Spain, Denmark, St Kitts and Nevis, Pakistan, Canada, Mexico, Philippines, Bangladesh, Switzerland, Ecuador, China, Morocco, Norway, Guatemala, Peru, Brazil, Tunisia, Nicaragua, France and the Republic of the Congo.

Also speaking were representatives of Juridical Commission for Auto-Development of First Andean Peoples (CAPAJ); Centre on Housing Rights and Evictions; Consultative Council of Jewish Organizations; Colombian Commission of Jurists; International Federation of Human Rights Leagues (FIDH); Asia Pacific Forum on Women, Law and Development; Human Rights Advocates; Asian Migrant Center; and Minority Rights Group International.

At 3 p.m. this afternoon, Ms. McDougall, Mr. Bustamante and Mr. Stavenhagen will make concluding statements in response to the interactive dialogue before the Council listens to presentations by Walter Kalin, the Representative of the Secretary-General on the human rights of internally displaced persons; Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences; and Juan Miguel Petit, the Special Rapporteur on the sale of children, child prostitution and child pornography.

Documents before the Council

The Council has before it the second annual report of the Independent Expert on minority issues (A/HRC/4/9 and Add. 1-3), which says the Independent Expert, Gay McDougall, has conducted extensive consultations in regard to all elements of her mandate; has prioritized gender issues related to her mandate; and has conducted focused consultations and research on minorities in the context of poverty alleviation and the Millennium Development Goals (MDGs), and promoting inclusion and stability. The report concludes that in every region of the world there are minorities that are the poorest of the poor, often having faced longstanding discrimination, exclusion, denial of their basic rights, and sometimes violence. The dynamics of the poverty faced by minorities are often complex in nature, and defy the rationale of common denominator policies of poverty alleviation. The report recommends that, in designing, planning and implementing poverty alleviation and MDG policies, Governments must give high priority to ensuring that disadvantaged minorities are considered in relation to their unique conditions of exclusion and discrimination, and consequent high levels of extreme and persistent poverty.

In an addendum, the report of the Independent Expert, Achieving the Millennium Development Goals for Minorities: A Review of MDG Country Reports and Poverty Reduction Strategies, concludes that ensuring inclusion of minorities in national Poverty Reduction and MDG strategies is still a low priority for most Governments. A second addendum contains the report of the Expert's mission to Hungary (26 June-3 July 2006); and a third addendum contains the report of her trip to Ethiopia (28 November-12 December 2006).

The Council has before it the note verbale dated 28 February 2007 from the Permanent Mission of Ethiopia to UNOG addressed to the High Commissioner for Human Rights (A/HRC/4/G/5), transmitting the comments and observations of the Government on the report of the Independent Expert on minority issues following her mission to Ethiopia in 2006. The Ethiopian Government says the report is littered with information that is based on hearsay and unfounded allegations. The major flaw of the report is that it does not fully highlight the institutional reflection of ethnicity and how that protects the rights of minorities in Ethiopia. The report alleges that people are forced to identify themselves as belonging to a given ethnic group and that there is no mechanism for reflecting mixed or multiple identity. However, in Ethiopia, identity remains a self-definitional exercise and individuals are free to express multiple identities.

The Council has before it the second annual report of the Special Rapporteur on the human rights of migrants (A/HRC/4/24 and Add. 1-2)), which summarized responses of Member States to a questionnaire on the "Impact of certain laws and administrative measures on migrants" as formulated by the Special Rapporteur, Jorge Bustamante. Among its recommendations, the Special Rapporteur recommends that Member States take concrete measures to include a human dimension when formulating migration policies, such as providing both documented and undocumented migrants access to the enjoyment of basic economic, social and cultural rights, including access to health care, education and basic services. In addenda, the report also reflects some of the findings of his country visits to the Republic of Korea (A/HRC/4/24/Add.2) and Indonesia (A/HRC/4/24/Add.1).

The Council has before it the annual report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (A/HRC/4/32 and Add. 1-4). Chapter I examines the various trends and challenges that have affected indigenous peoples over the past six years. Chapter II sets out the future outlook for indigenous peoples and their rights, including the debate surrounding the UN Declaration on the Rights of Indigenous Peoples, the treatment of indigenous issues within the Human Rights Council and international organizations involved in this field. The report finds that if there have been advances in the adoption of international standards that recognize the rights of indigenous peoples, there continues to be a lack of implementation of indigenous rights. Indigenous peoples' resources continue to diminish: their territorial base and land rights continue to decrease, and they continue to have less and less control over their natural resources, in particular forestlands. The number of indigenous migrants has increased, and indigenous migrants are particularly vulnerable to human rights violations, in particular indigenous women and children who suffer disproportionately from violence and sexual exploitation. During the reporting period, the Special Rapporteur, Rodolfo Stavenhagen, undertook country visits to Ecuador and Kenya, and the reports of those missions are contained in addenda two and three to the report. A fourth addendum, contains the study of the Special Rapporteur regarding best practices carried out to implement the recommendations contained in his general and country reports. [A/HRC/4/32/Add.1 not immediately available]


Presentation of Reports by Independent Expert on Minorities Issues

GAY MCDOUGALL, Independent Expert on minorities issues, said that minorities were among the poorest of the poor, and faced long-standing discrimination, exclusion, denial of basic rights and sometimes violence. They faced disproportionate levels of poverty and were often neglected in achieving Millennium Development Goals (MDGs). Governments should give high priority to planning poverty alleviation and MDG policies that considered disadvantaged minorities. Conflict prevention was a crucial poverty alleviation issue, with strategies needed for preventing increased inequalities for and among minorities. Discrimination on the basis of ethnic, religious or linguistic identity was a potent factor in causing proportionally higher poverty among minority groups.

Ms. McDougall said her report had analysed MDG reports and poverty reduction strategy papers. There was a need for a wide range of awareness of minority issues, indigenous peoples and gender issues concerning minority women among governments. The report showed a weak understanding of the causes of poverty for minorities and its manifestations in the economic, political and cultural spheres. It suggested that ensuring that poverty reduction strategies took into account the situation of minorities was a low priority for most governments. Poverty reduction strategy papers and MDG country reports could empower minorities much more fully if they analysed the situation better. It was important not to neglect the objective of the Millennium Declaration, which had stipulated that minority rights were an integral part of human rights.

The report made recommendations to States and international development agencies to assist in bringing minorities into poverty alleviation and MDG strategies, and on the participation of minorities and meaningful dialogue with them on ensuring deeper understanding of minority issues.

Ms. McDougall said that in her visit to Hungary she had found that the situation of the Roma remained dire, and that in spite of strong legislative frameworks on equal rights and opportunities, enforcement was inadequate. Stronger action was needed to build on the existing foundations and introduce affirmative action, aggressive enforcement of school desegregation, and other financial and policy commitments.

In Ethiopia, the Constitution provided well for fundamental freedoms for the diverse nationalities and peoples of Ethiopia, but some areas were unsatisfactory. There was poor confidence in the political process and a feeling that it was dominated by a political and ethnically based elite. Elections of May 2005 and subsequent events had undermined confidence even further. It appeared that ethnic federalism had further exacerbated ethnic division and exclusion, and ethnic conflicts over land and resources, or due to political factors, were still a cause for concern.

Presentation of Reports by Special Rapporteur on Human Rights of Migrants

JORGE BUSTAMENTE, Special Rapporteur on the human rights of migrants, said that in his annual report, he highlighted the importance of numerous initiatives by States that had stemmed from the high-level dialogue, as for example the Global Forum on Migration and Development to be hosted by the Government of Belgium in July 2007. This Global Forum would provide a unique opportunity to identify best practices, exchange experiences and identify obstacles to be removed. A large variety of stakeholders should participate in the Global Forum, such as United Nations human rights mechanisms, including the Special Procedures mandate-holders and the members of the Committee on Rights of Migrant Workers. Member States should demonstrate their commitment towards improving the rights of migrants at this Forum by ratifying the International Convention on the Protection of All Migrant Workers and Members of Their Families. A voluntary fund to support the participation in the Global Forum should be made available for the funding of least developed countries.

Specific concerns about a number of situations involving violations of the human rights of migrant workers were also expressed in the communication report, Mr. Bustamante said. The concerns were about abusive working conditions imposed by employers, including child labour, withholding of passports, non-payment of wages, restrictions on freedom of movement, verbal and physical abuse, denial of the right of associations and abuses by migrant workers recruitment agencies.

With regard to his visit to the Republic of Korea, Mr. Bustamante noted that civil society in the country was highly organized to address the phenomena of migration. However, the Government of the Republic of Korea was urged to ratify the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, to review the Act Concerning the Employment Permit for Migrant Workers, the EPS Act and to protect the rights of migrant women. The Republic of Korea should look at the situation of migrant workers through international standards and regularize their situation as a matter of priority, he said.

With regard to the situation in Indonesia, the precarious situation of Indonesian female migrant domestic workers was highlighted in the report. Indonesia was encouraged to uphold its international and internal commitments to protect them. There was today more than ever a pressing need to address the wide-ranging and complex patterns of human rights abuses, which happened against 200 million people in motion. Migrants in general and more particularly undocumented migrants were more and more frequently targeted as scapegoats for all domestic problems facing societies today. Migrants were often excluded from the protection of their rights and recognition of their basic existence and dignity. For many people migration was not a choice but a desperate effort to break the cycle of poverty and destitution. All should uphold the human rights commitment and a serious dialogue about the benefits of immigration should be maintained.

Presentation of Reports by Special Rapporteur on Human Rights of Indigenous People

RODOLFO STAVENHAGEN, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, said he had carried out two official missions to assess the situation of the human rights of indigenous peoples in Ecuador and Kenya. The main report focused this year on the evolution of the human rights of indigenous peoples around the world during recent years, as well as on the challenges faced in the protection of the human rights of these peoples, especially those of the most vulnerable groups, such as forest peoples and traditional pastoralists. Also submitted for the Council’s consideration was a summary of the communications with Governments on alleged violations of the human rights and fundamental freedoms of indigenous people, either in the form of urgent appeals or letters of allegation, and a study on best practices for the implementation of the recommendations contained in the annual reports.

The report aimed at helping guide the action of Governments, international human rights bodies and civil society in their efforts to strengthen the protection of indigenous peoples’ rights as new challenges threatened their survival as peoples. In recent years, new norms, the establishment of new institutions and the implementation of new policies had been witnessed both at the national and international levels, and indigenous issues were now firmly established in the human rights agenda. However, while the creation of this modern legal and institutional framework represented great progress in the protection of indigenous peoples’ rights, there was still an “implementation gap” between norms and practices, between the formal recognition and the actual situation of indigenous peoples, who continued to be the victims of serious violations of their individual and collective human rights, and who continued to systematically show lower indicators of human development.

In Ecuador, Mr. Stavenhagen said the Government had created various state institutions to attend to the problems faced by indigenous peoples, which had opened their doors to the latter’s participation in policy implementation. However, in many cases, the effect of these institutions had been limited due to the lack of resources. Despite economic growth in recent years, the various indicators of social and human development of indigenous peoples in Ecuador remained below the national average.

In Kenya, the situation of hunter-gatherer and pastoralist communities faced increasing difficulties, with an aggravation of their economic, social and cultural rights. The process of democratisation had allowed indigenous organizations to place their concerns on the national agenda.

In conclusion, Mr. Stavenhagen said he wished to draw the Council’s attention to the importance of the Declaration for Indigenous Peoples and the countries in which they lived, and invited all Member States and Observers of the Council, for the benefit of the common cause, to use all their will and good offices in order to achieve the General Assembly’s adoption of the Declaration as soon as possible.

Statements by Concerned Countries

DORA BLAZSEK (Hungary), speaking as a concerned country in response to the report of the Independent Expert on minorities issues, said the visit of Ms. McDougall had given rise to a series of constructive exchanges on the situation as well as the protection of national or ethnic, religious and linguistic minorities in the country. Hungary was confident that certain mechanisms or institutions which the country had adopted to attempt to resolve particular problems were considered as examples of best practices. Of course, much remained to be done, in particular with regards to the Roma minority. The authorities would study in detail the recommendations contained in the report; some were easier to implement than others, but in all areas, Hungary was determined to continue the dialogue that had begun.

Hungary fully recognised the importance given in the report to the issue of the participation of national or ethnic, religious and linguistic minorities in national efforts aimed at reducing poverty. Hungary was convinced that the Millennium Development Goals would not be reached without the inclusion of minority communities in these efforts. The report highlighted how much the full participation of minorities in decision taking and the public and political life of a country could contribute not only to development but also to national stability. It was not just an issue of respecting the principle of non-discrimination, but also to make resources available to maintain their existence as minorities. Hungary believed that the mandate of the Independent Expert had a considerable potential which justified not only the continuance but also a reinforcing of the mandate.

MAKARIM WIBISONO (Indonesia), speaking as a concerned country in response to the report of the Special Rapporteur on the human rights of migrants, said Professor Bustamante had held many meetings around the country, and the report demonstrated an appreciation of the many difficult issues faced by Indonesia. The report suggested improvements and the Government would take all of these into serious consideration. Indonesia already had laws to protect Indonesian migrant workers overseas and others to protect migrant and unregistered workers. Measures had been established by Presidential Instruction to establish Task Forces on placement protection and violence. Indonesia had ratified numerous conventions and was a key player in developing the Asian Declaration on Protection of the Rights of Migrants. Cooperation with UN mechanisms was critical to protect and promote migrants rights, and the Indonesian Government was well on the way to ratifying the Convention on Migrant Workers. The recommendations in the report were both feasible and constructive and would be beneficial to Indonesia and to furthering the protection of migrants rights in general.

DONG-HEE CHANG (Republic of Korea) speaking as a concerned country in response to the report of the Special Rapporteur on the human rights of migrants, said that Mr. Bustamante had interpreted certain cases as general phenomena, and had employed certain arguments in a disproportionate manner. Korea was concerned that the report focused on negative elements of the abolished Industrial Trainee System, and did not recognize improvements made under the New Employment System. Korea had made serious efforts to assist female migrant spouses to be successfully integrated in Korean society and there was a comprehensive plan to support them. Concerning a recent fire at Yeosu, the Korean Government had embarked on ways to compensate victims and investigate causes of the fire as well as prevent reoccurrence in the future. The Special Rapporteur was reminded that Korea was making steps towards ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

LUIS VAYAS VALDIVIESO (Ecuador), speaking as a concerned country in response to the report of the Special Rapporteur on the human rights of indigenous people, said that the delegation of Ecuador had carefully studied the report and the statements presented by Mr. Stavenhagen this morning and considered that it contained deep, well-balanced and fundamental conclusions. Ecuador took with interest note of the recommendations and would proceed with their implementation within the legal and institutional framework of its country. Ecuador committed itself to continue working with sustainable policies as suggested by the Special Rapporteur. The conclusions of Mr. Stavenhagen were seen as a relevant contribution to strengthen national institutions for dealing with indigenous problems. With respect to the Declaration on the Rights on Indigenous People, Ecuador affirmed its willingness to continue working with the Human Rights Council. Ecuador recalled that the Declaration had great strength and wanted to meet the historic aspirations of indigenous people in its country. Ecuador wished to endorse the suggestions made by the Special Rapporteur to renew the mandate within the Special Procedures structure.

PHILLIP RICHARD O. OWADE (Kenya), speaking as a concerned country in response to the report of the Special Rapporteur on the human rights of indigenous people, said that following Mr. Stavenhagen’s visit to Kenya in December 2006, he had acknowledged the special efforts made by the Government in addressing the situation of vulnerable groups in the country. In addition, the Government recently made a number of specific interventions to improve the livelihood of nomadic, semi nomadic and pastoralist groups, including a national policy for sustainable development of arid and semi arid lands, a universal primary education for nomadic people and school feeding programmes among others. A comprehensive land policy launched in 2006 was expected to pave way for the ownership of land by marginalized communities.

Specific policy and legislative measures had been put in place to address the specific problems pertaining to women in different categories. With regard to the issue of registration of persons living along borders, Kenya like other countries, had procedures for conferring citizenship. Citizenship was not bestowed to groups of people but to individuals. Contrary to the Rapporteur’s assertion, customary law was recognized in Kenya in civil matters where one of the parties was subject to or affected by it. The application of customary law in personal matters was expressly provided for under the Constitution. The Special Rapporteur had made a number of constructive recommendations, which the Government would take into account while continuing to improve the living conditions of its people.

Interactive Dialogue

GUY O’BRIEN (Australia) said with regards to the report of the Independent Expert on minority issues, the report had focused on the Millennium Development Goals (MDGs). Australia fully and actively supported the MDGs, and knew that achieving progress towards these was a complex challenge. Australia was focussing on providing the building blocks for these, through promoting good governance, strengthening security, and encouraging economic growth in developing countries. Security and stability provided a basis for economic growth. Developing countries were responsible for creating an enabling domestic environment in this regard, and appropriately funding vital services like education and health, with genuinely free trade and investment.

On the report of the Independent Expert on the human rights of migrants, well-managed migration protected not only the economic interests of States, but also the human rights of migrants, including to avoid the tragic abuses associated with illegal migration. Managed migration could take into account humanitarian considerations. Australia’s offshore resettlement programme had brought thousands of refugees and migrants to the country over the past years. Respect, participation and self-value were promoted through concerted bilateral, domestic and international strategies.

ALEXEY GOLTYAEV (Russian Federation) said in reference to the report by the Independent Expert on minorities issues, in many countries the world was seeing alarming trends in the minorities policies, and discriminatory norms relating to citizenship, where this was being used as a tool to marginalise minorities and deprive them of participation in the political process. Deprivation of the right to citizenship was a grave violation, and the focus on this was a welcome development. Restrictions on the use of native languages applied in many countries. Opportunities for education in native languages were shrinking, and this situation promoted alienation rather than assimilating minorities. Access to education, including in minority languages, was of key importance. Discrimination against minorities may be indirect or direct. Direct discrimination deserved particular attention. Systematic discrediting through the media, officialdom and educational programmes was a cause for concern. War criminals were being portrayed as freedom fighters in the rewriting of history. Despite all efforts, infringements of the rights of minorities sometimes derived from the very system of government and required the constant attention of the international community. Rights to use native language, rights to citizenship and rights to uphold the history and traditions of minorities were very important.

ANKE KONRAD (Germany), speaking on behalf of the European Union, thanked all three Experts for their reports. Concerning the report on minority issues, the European Union wanted to know what future activities should be undertaken in order to prevent conflicts at the regional level. In addition what were the future plans concerning mainstreaming and what were the main obstacles to the implementation of the work in different United Nations agencies. Concerning the report on migrants, the European Union wanted to know the reasons for the lack of replies in it. In addition, what were the views on possible solutions concerning secure borders. With regard to the report on the fundamental freedoms of the rights of indigenous people, the European Union wanted to know how it could be ensured that indigenous people could participate in the discussion and the work of the Council. Concerning the economic, social and cultural rights of indigenous people, how could the Council assist in order to promote them.

EVA SCHOFER (Austria) said the report on minority issues was comprehensive and interesting, and the work on the creation of best practices and the work of the Office of the High Commissioner for Human Rights was also very interesting. Best practices by all States, including on poverty-reduction should be collected, and key elements identified. On the implementation of the Declaration on the Rights of Minorities, where was the greatest need for future action, and what was the role that the Human Rights Council could play in this regard?

MARIA DE LOS REYES FERNANDEZ BULNES (Spain), in reference to the report on the human rights of migrants, asked what were the preliminary conclusions concerning the questionnaire on the impact of certain laws and measures on migrants’ rights, notably the issue of frontier controls, and conditions of entry for foreigners, and concerning rights of migrants on access to public health, education and so on.
MICHAEL BRAAD (Denmark) said that concerning the report on indigenous people, Denmark supported the comments made by Germany on behalf of the European Union. Concerning the further strengthening of the rights of indigenous people, Denmark asked about the recommendations of the Council to implement existing provisions.

STEVEN GOLDSTEIN (St Kitts and Nevis) said with regards to the report on the rights of indigenous peoples, the Government of the Federation of St Kitts and Nevis had been one of the sponsors last June at the first session of the Council of issues related to the rights of indigenous peoples, and believed this issue was important. It anticipated cooperating in the future on this matter, hoping to help to find a way that took into account the interest of all parties concerned.

MARGHOOB SALEEM BUTT (Pakistan) said the collective implications of international migration would continue to evolve over the coming years, and hoped the study would help formulate polices accordingly. It was necessary to consider concrete measure to include a humane dimension while formulating policies. The forthcoming Forum in Belgium would be an opportunity to address the subject. All migrants deserved the protection of human rights according to the law of the host country. Efforts to improve domestic legislation to promote and protect migrants’ rights should be encouraged.

NADIA STUENER (Canada) said that Canada welcomed the report on fundamental freedoms of indigenous people. Canada wanted to comment on a few areas, for example concerning aboriginal peoples. The Special Rapporteur did not include the balanced vote of Canada in the report. Canada had worked since the mid eighties to promote and protect the right of indigenous people all around the world. Canada was committed to renewing the negotiations.

JOSE GUEVARA (Mexico) said Mexico appreciated the work done by the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples, and his study on best practices and the implementation of his recommendations, which was a useful tool for States in drawing up and assessing policies on the rights of indigenous peoples. Mexico attached great importance to the protection of the human rights and fundamental freedoms of indigenous peoples, in particular women and children, given their vulnerability to discrimination, which was multi-faceted.

Efforts had been made in Mexico to reform legislation, providing, among other things, inter-lingual and bilingual education. Mexico would continue to foster the necessary programmes to deal with the major challenges that required addressing in order to fully guarantee the rights of indigenous peoples in the country. Mexico shared the concerns voiced by the Special Rapporteur as to the gap between implementation of norms on indigenous rights. The implementation of international standards should be the priority in the field of human rights, including the harmonisation of domestic legislation at the various levels of Government. There was a need to strengthen the various mechanisms in order to increase protection of the rights of indigenous peoples. The General Assembly should adopt the Declaration on the Rights of Indigenous Peoples, as this was a fundamental document for their protection. Mexico was committed to ensuring that the rights and freedoms of indigenous peoples was duly considered by the Council.

JESUS ENRIQUE GARCIA (Philippines) said the promotion of human rights of migrants was a pillar of Philippine foreign policy. Over 10 percent of the population sought lives abroad and the Philippine delegation had worked closely with the delegation of Belgium and others towards preparations for the Global Forum on Migration and Development. The human dignity and rights of undocumented migrant workers must be better protected. What further efforts could be made to encourage greater ratification of the Convention on the Protection of Migrant Workers and their Families, and what were the most urgent issues on the protection of the rights of migrants and how could these be addressed? The Philippines recommended looking at the role of the media concerning negative stereotypes of migrants.

On indigenous peoples’ rights, investigations would continue on pending cases concerning the Philippines and information would be provided on these to the Special Rapporteur. The Government was working towards eliminating extrajudicial killings of individuals. More broadly, the Philippines asked for a view on what would be the most urgent issues that the Council should address on indigenous issues.

MUSTAFIZUR RAHMAN (Bangladesh) said that its comments related to the report of the Special Rapporteur on the human rights of migrants. A true picture had been depicted in the report. Migrants were particularly vulnerable to human rights violations. The challenge of enforcing human rights at the national and international levels remained daunting. Irregular migrants were the most vulnerable, especially when they suffered from facing smuggling and trafficking. Racism and xenophobia were growing problems for migrants. The report had highlighted all these aspects of violations. The status of migrants should not be an excuse to violate their rights. The chain of abuses must be broken. Legal measures both at the national and international levels should be applied. The various United Nations agencies could play an important role in complementing the national efforts in this regard.

NATHALIE KOHLI (Switzerland) said with regards to the report of the Independent Expert on minorities issues, Switzerland was well aware of the need to protect minorities, and was committed to doing so. Minorities were often among the poorest and the victims of situations such as precarity, poverty, violence and exclusion. With regards to minority policies, any Government needed to base itself on reliable data, thus more effective compilation of statistics on discrimination, including judicial decisions, was an effective pre-requisite for identifying measures to eliminate types of discrimination. However, this compilation was a sensitive exercise, and thus the initiatives to develop principles or guidelines for States on this were welcomed. The path of the Independent Expert was approved, and she should continue, and the work of the Forum on Minorities should be linked to the work of the Council.

ARTURO CABRERA HIDALGO (Ecuador) said the report by the Special Rapporteur on the human rights of migrants had taken a positive step in the right direction. The issue of rights was not a matter of supply and demand for international labour markets, therefore standard setting should recognise the priority of the right to life, well-being and dignity of human beings. This went beyond outdated ideas of territorial sovereignty and economics. Ecuador had already sent its initial report on the measures adopted to comply with the Convention on the Rights of Migrants and their Families. There had been various regularisation exercises with Colombians and Peruvians, and also efforts to impede and eliminate trafficking of migrants. Ecuador had set up a technical unit to provide assistance to emigrating workers and had a high coverage rate. There was a need for greater interest by host countries receiving migrants. Many were not parties to the Convention and therefore there were problems of compliance with article 64 that was to guarantee satisfactory conditions for migrants and their families. There had been difficulties dealing with the entry of large numbers of Colombians for both economic and security reasons.

ZHAO XING (China) said that China would like to thank the three Rapporteurs for the introduction to their reports. With respect to minorities, China asked how the Millennium Development Goals could be implemented. In the course of the presentations, the Special Rapporteur had shown that developing countries could resolve some problems through structural measures. China hoped that the Special Rapporteur would be able to better express the idea concerning the problem on structural issues. Migrant workers were often in very vulnerable situations where their fundamental rights were not guaranteed. China wanted to know how a multi-ethnic society could be established where the rights of migrants could also be guaranteed. Concerning the violations of the rights of migrants mentioned in the report, China wanted to raise the question on what could be done in the countries of destination to resolve the problem. Furthermore, concerning the flows of migrants, which meant brain drain from the countries of origin, China wanted to know the view of the Special Rapporteur on this topic.

MOHAMMED LOULICHKI (Morocco) said with regard to the report on the rights of migrants, it was an important issue, and Morocco had responded to the Special Rapporteur’s questionnaire. The report made relevant important recommendations concerning the Global Forum on Migration and Development to be held in Brussels in July. Importance was attached to all elements of migration, and Morocco was preparing to contribute to the Forum, a flexible framework which dealt with migration and development in the spirit of partnership. Morocco had produced a Declaration and Plan of Action at another meeting, which promoted economic and development cooperation, the reduction of poverty, and the promotion of regional integration.

African countries were working to reduce brain drain, and promote access to new information and communication technologies in order to reduce the digital divide, which was ever growing. There should be cooperation in combating irregular migration. The international community should support the International Convention on the Rights of Migrants and Members of their Families, which was designed to improve and promote human rights for this vulnerable group.

ASTRID HELLE AJAMAY (Norway) said Norway would like to hear how the Independent Expert on minorities issues was cooperating with other related mandates such as the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and how these various mandates could function in a coherent system of Special Procedures to ensure the most efficient protection for minorities and limit overlaps. The draft Declaration on the Rights of Indigenous Peoples was a framework for improved partnership between governments and indigenous peoples. Norway called for an urgent adoption of the Declaration on the Rights of Indigenous Peoples by the General Assembly and welcomed views on how effective participation of indigenous peoples in the work of the Human Rights Council could be ensured

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala) said that Guatemala, as a country of origin, destination and as well of transit, was paying high attention to the phenomenon of migrants. Guatemala shared the concerns of the Special Rapporteur in view of the protection of the human rights of migrants and was pleased that so many States were working to ensure those rights. The view of developing countries needed to be incorporated in the work of the international community. Migrant forces sometimes produced a wealth in the country of destination. Guatemala called upon the receiving countries to comply with the universal commitments. Migrants were vulnerable to trafficking and needed therefore even more protection. Guatemala was pleased that the Special Rapporteur would visit the country this August.

Concerning the protection of indigenous people, Guatemala noted that there were still efforts to be made. Guatemala recognized the situation of insecurity which was a problem affecting all sectors. To combat the discrimination against indigenous people, Guatemala had implemented a programme to reduce exclusions. There was also a draft reform on the law of minorities. Guatemala continued to support the draft Declaration on the Rights of Indigenous People. Guatemala was looking for recommendations and welcomed the study on best practices. It also appreciated the fact that the good practices could be implemented in Guatemala as well.

ALEJANDRO NEYRA SANCHEZ (Peru) said the report on the human rights and fundamental freedoms of indigenous peoples mentioned national legislation adopted by Peru. Peru agreed that there were various difficulties for effective implementation of the legislation, and that there was a gap, but it was committed to finding ways of overcoming this gap. Peru had also adopted legislation to protect traditional knowledge in the system of intellectual property, and had a national Commission on Bio-Piracy, aimed at protecting the traditional knowledge of peoples. Peru had made specific proposals in the World Intellectual Property Organization and the World Trade Organization with a view to ensuring effective multilateral protection in this regard.

Peru agreed with the report on international protection of the rights of indigenous peoples, and in the context of the Council wished to join in the appeal for the adoption of the draft Declaration on the Rights of Indigenous People. The combat which had been undertaken by indigenous peoples for so many years required a dignified end in the General Assembly in New York, and it was hoped that this would not take too long. On the need to keep the subject of indigenous peoples in the Council and to renew the mandate of the Special Rapporteur, Peru was in favour of both.

SERGIO ABREU E LIMA FLORENCIO (Brazil) said the dialogue had focused on the human rights dimension of migration, and this was important given the violations of rights of migrants around the world, notably cases of arbitrary detention, impunity involving crimes against migrants, non-payment of wages, and restrictions of movement of migrants, all of which had been highlighted in the report. Brazil supported the Global Forum on Migration and Dialogue, and supported the focus on development, but said it should be an integrated approach that also considered social development. The Forum should be government-driven, not part of an existing UN structure, but it should maintain close contact with UN bodies. A more permanent support structure also had to be envisaged as well as ways of dealing with the issue of funding the Forum. Brazil thanked Mr. Stavenhagen for his report and supported his analysis on the progressive adoption of norms and institutions for the promotion and protection of rights of indigenous peoples. There were delays in the adoption of the draft Declaration on the Rights of Indigenous People and Brazil urged that the Declaration be adopted as a matter of urgency.

ALI CHERIF (Tunisia) thanked the Special Rapporteur on the human rights of migrants, Mr. Bustamante, for highlighting the question of migration, which was a challenge for the development and the organization of relations between people based on dialogue. Poverty and a lack of hope were often the reasons for migration. Mass migration was not possible anymore in view of the restraints in the countries of destination. Migrants had to be approached within the framework of co-development. Tunisia was contributing to the efforts to combat clandestine migration. Tunisia wondered how the Human Rights Council could contribute to resolve the migration problem looking beyond security problems.

ALICIA MARTIN GALLEGOS (Nicaragua) said on the report on migrants, the phenomenon affected all countries, both rich and poor. Nicaragua was of the view that migration had led to major contributions in receiving countries, but migrants were still vulnerable to all forms of human rights violations, including through xenophobia and discrimination. Emigration was just a reflection of the injustice and hunger faced by peoples, including poverty and lack of access to basic services and education. These were some of the problems that the Government had tried to fight. International solidarity was vital if the world were to tackle these problems. The High-Level Dialogue on Migration and Development in New York in 2006 had provided guidance for a lasting approach to solutions that would make migration a tool for developing countries. The human rights and fundamental freedoms of migrants should be promoted further. More and more States should accede to the important Convention on the Rights of Migrants.

MICHEL DOUCIN (France) said the draft Declaration of the Rights of Indigenous Peoples should be supported, but he asked how this could be done, and why had the General Assembly not followed the Council’s lead on this. What could be done in the future in this regard. Concerning the impact of poverty on minorities, this was an interesting issue and France commended the openness with which the link between poverty and minority rights was dealt with. The political dimension also needed to be looked at. Concerning Mr. Bustamante’s report, a key area was the need to ensure normal development in countries of destination, and joint development involving partners in a balanced relationship. The encouragement given to States to ratify the Convention on the Rights of Migrant Workers and Members of their Families was noted. The Council needed to clear up ambiguity and misunderstanding over the relationships between migrants and their destination States and misrepresentation of the Convention. A number of countries had concerns over legal problems with the treaty.

DELPHINE BIKOUTA (Republic of the Congo) said the Republic of the Congo attached major importance to the promotion and protection of the rights of indigenous people within its territory. A draft national law had been elaborated with the cooperation of the International Labour Organization and the High Commissioner for Human Rights in order to guarantee and enforce the rights and freedoms of the pygmies people and to fight against their marginalization. The Ministry of Environment would soon organize a sub-regional forum on indigenous people. This forum would enable the indigenous people that were chased from their natural habitat by deforestation to improve their situation. The Republic of the Congo was committed to cooperating with the Special Rapporteur and welcomed a visit by him on its territory. The Republic of the Congo affirmed that the mandate of the Special Rapporteur should be renewed and stand permanently in the Council.

FLOR CALFUNAO, of Juridical Commission for Auto-Development of First Andean Peoples (CAPAJ), said there should be a moratorium on oil concessions in the Amazon region. The Human Rights Council should recommend to Ecuador that it elaborate a moratorium on the oil concessions in the country. It was important to protect the indigenous people who were exposed to genocide in this area. Ecuador should begin to draft a plan for the protection of those people to address the necessary measures.

CLAUDE CAHN, of Centre on Housing Rights and Evictions, said the report by the Independent Expert on minorities issues provided a detailed overview of the many troubling issues facing the Roma in Hungary. The complex of systemic racial discrimination issues facing the Roma was common around Europe, and was even a global issue. Existing Government policies to end the exclusion of minorities and secure fundamental rights for all needed to be rigorously implemented.

SIMON MOTA, of the Consultative Council of Jewish Organisations, said the Special Rapporteur’s report on the rights of migrants rightly stressed the need for accountability, frankness and honesty about Member States’ policies and laws on migrants. The Consultative Council deplored the low response rate to the Special Rapporteur’s questionnaire, and asked for a sufficient level of engagement by Member States.

GUSTAVO GALLON, of Colombian Commission of Jurists, said that the report on the rights of indigenous people was welcomed. It was important for tackling the fundamental freedoms and rights of indigenous people. In 2005, the report had warned of the danger of genocide in Colombia. The Special Rapporteur had recommended that Ecuador, Colombia and Peru should combine their resources to protect their indigenous peoples. The Colombian Commission urged the Human Rights Council to prepare a report and to take action to prevent the extinction of these indigenous peoples.

MARINA YUNG, of the International Federation of Human Rights Leagues, said with regards to the trip to Ecuador and the spraying of crops, this practice had negative effects on the environment and resources. It also had effects on food security for vulnerable populations, affecting communities and their access to food. The Governments of Ecuador and Colombia should study the effects of border spraying of illicit crops on indigenous communities. In the report on the visit to Ethiopia, many political opponents remained in jail, and these should be treated according to international standards of fair trial.

OLGA DJANAEVA, of Asia Pacific Forum on Women, Law and Development, said there was concern for recent deaths of indigenous women and human rights defenders in the Philippines and India. In Sri Lanka, several thousand indigenous peoples had been displaced, and rural and indigenous women were forced further into poverty, vulnerable to sex traffickers and following exploitation. The Human Rights Council should work to protect the lives of countless indigenous women and girls in Sri Lanka and West Bengal. The United Nations bodies should adopt the recommendations of the Special Rapporteur to ensure that the rights of indigenous women were protected to a greater extent.

MARY JOHNSON, of Human Rights Advocates, said States parties should ensure the full protection of migrants’ rights, in particular the right to life and core labour rights, and protection against cruel, inhuman or degrading treatment. The Council should identify and take steps that would be helpful for the Special Rapporteur to encourage Governments to immediately reform their domestic legislation and domestic policies so that the protection of these basic human rights was guaranteed for migrants and their families, and should recommend to Member States to ratify the Convention on the Protection of the Rights of All Migrant Workers and their Families. The Council should also keep the mandate of the Special Rapporteur on migrants.

NURUL QOIRIAH, of the Asian Migrant Centre, said the Centre regretted the poor response from Asian countries to the questionnaire of the Special Rapporteur on the human rights of migrants. This was especially important in relation to migrant domestic workers. A list of countries that did not recognize domestic workers as workers was available. In these countries, migrant domestic workers were deprived of many basic employment and civil rights. There were questions also on vigilante groups and non-state actors in relation to migrants, and issues of criminalization of irregular migration, including corporal punishment in several countries. The Asian Migrant Center wondered whether Asian Governments had provided reasonable justification for the lack of their participation in the Special Rapporteur’s study.

CHRIS CHAPMAN, of Minority Rights Group International, said in a joint statement that the organization welcomed the excellent report on minority issues. The report provided a thorough and thoughtful analysis of how development processes affected minorities and made the very important point that, where minorities were able to participate and benefit from development, an increased stability in the country as a whole could be noted. As well as development, integration of minorities in political and economic life was another crucial factor in improving the human rights situation of minorities and promoting stability in the country as a whole.



For use of the information media; not an official record

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