PACIFIC CAUCUS COMBINED STATEMENTS ON OUTCOME DOCUMENT

Language
We would first like to make some general comments on language. First is the reference throughout the document to Peoples and Nations. The Pacific considers that it is more appropriate to only refer to Peoples and not Peoples and Nations. Second is the use of the term Indigenous. We ask that the word be capitalized in all instances throughout the document where it refers to us as Peoples. This is for consistency (as it is currently inconsistent through the document) and we note that when the word is used to refer to us as Peoples, it should denote a proper noun rather than an adjective. Third is the use of the terms lands, resources and territories. In this regard, we suggest that the current minor reference to waters in first recommendation of Theme One is not sufficient. The Pacific strongly recommend that each time this is referred to, that waters and oceans is also mentioned so that it reads: lands, territories, resources, waters and oceans. This is because generally under UN language the term land includes dry land as well as submerged lands including reefs and atols. It does include the water itself. The term waters refers to fresh water including sea ice. The term oceans refers to salt waters. Fourth, where the term knowledge or knowledges is referred to we ask that the words and knowledge systems also be included. Fifth, in regards to repetition, and to reduce the word count, we suggest that the World Conference on Indigenous Peoples and the Declaration on the Rights of Indigenous Peoples be referred to once only and there after referred to as the Conference and the Declaration respectively. Finally, we ask that the drafting team reconsider the excessive use of word recommend throughout the document and suggest more positive language such as States shall be considered.

Introduction and Preamble

In regards references manifested drafters for

to the introduction and preamble we support the content and to erroneous doctrines, and how they and colonization have gross injustice affecting all Indigenous Peoples. We thank the their work.

However, with regards to the fifth paragraph of the preamble, we ask that the reference discrimination with regards to race, gender, language or religion be extended to cover discrimination based on areas of age, disability and sexual orientation, and that document consider referencing at this part cross sectorial disadvantage. We ask that at this point specific reference is made to the vulnerabilities of Indigenous women, children and youth. Also with regards to the 5th and 6th paragraphs, we ask that where the terms economic, social and cultural are mentioned, that the word educational is mentioned. Finally, in support of the Global Indigenous Womens Caucus, we ask for the inclusion in the preamble about the situation of violence against women and girls and that the drafters consider the Declaration developed by the Indigenous women who this year attended the 57th Session on the Commission of the Status of Women. We need to define violence from the perspective of Indigenous women who are exposed to a diverse form of mental, physical and sexual violence.

Theme 1: resources

Indigenous

Peoples

lands,

territories

and

Regarding the First Theme, as noted above, our key recommendation is that the theme expressly refer to waters and oceans as well as lands, territories and resources. In regards to recommendation 4, we suggest that the first paragraph could be tightened and that the first sentence is too long. We recommend that the second sentence be deleted, and that instead a special reference to women, children and youth (and other areas of cross sectorial discrimination) be referred to in the preamble instead. Our suggested, amended text is as follows: Recommend that States uphold and respect the self determination of Indigenous Peoples to exercise their inalienable right to full sovereignty over their natural wealth and resources and recognize that Indigenous Peoples are entitled to participate in, contribute to and enjoy economic, social, cultural, educational and political development. Indigenous Peoples have the right to give or not to give their free, prior and informed consent when external utilization of these natural wealth and resources is sought. Where development is already occurring States, with the full, equal and effective participation of Indigenous Peoples, must
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develop a comprehensive long term strategy, for sustainable and equitable development, to end and prevent uncontrolled and unsustainable development. Finally, we suggest that a new paragraph be inserted about climate change, which has a particularly detrimental effect on our region, including our Peoples in Pacific Islands who are at risk of becoming displaced from their lands, territories, and extreme weather including droughts and floods in large land territories. The text we recommend be inserted is as follows: We Recommend that States integrate an overarching human rights based approach into the climate change regime recognizing the valuing Indigenous world views including knowledges, technologies, practices, customary institutions and governance.

Theme 2: United Nations system action for implementation of the rights of Indigenous Peoples

the

The Pacific would like to recommend the following items under Theme 2: United Nations system action for the implementation of the rights of Indigenous Peoples The Pacific recommends the deletion of recommendation #1 at the request of the bureau because its a restatement of the Declaration on the Rights of Indigenous Peoples, and we already have the Permanent Forum on Indigenous Issues, the Expert Mechanism on the Rights of Indigenous, and the Special Rapporteur on the Rights of Indigenous Peoples. The Pacific accepts language drafted in existing recommendations #2-#5 as drafted and circulated. We propose a new recommendation that is adapted from EMRIP proposal 9 of 2012 and the Copenhagen Call to Action that reads: Calls on the World Heritage Committee, UNESCO and States to revise the World Heritage Conventions operational guidelines to ensure the rights of Indigenous Peoples are respected in the nomination, designation, management and monitoring of World Heritage sites incorporating or affecting their land, territories, waters, resources, and to ensure that Indigenous Peoples right to free, prior and informed consent is obtained in World Heritage decision-making processes. The justification for this is that there has been expanding State and UNESCO activity under the World Heritage Convention resulting in the expropriation of Indigenous lands territories and resources, and violations of Indigenous human
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rights globally. The Expert Seminar that occurred in Copenhagen, Denmark in September 2012 documented 21 case studies of these violations in several regions in the states of Greenland, Venezuela, Suriname, Thailand, Democratic Republic of the Congo, Australia, Kenya, Sweden, Canada, Tanzania, the Phillippines, the Sangha Trinational (Congo/Cameroon/Central African Republic), India, and the Pacific Ocean. These case studies verify in some instances extreme human rights violations including the murder of over 20 hunter gathers in Africa who were killed as poachers in protected areas, the murder of the Indigenous leader in the Kaeng Krachan Forest Complex in Thailand and the militarization of 70% of the Pacific Ocean under the guise of marine protected areas and to the exclusion of Indigenous fishing, cultural and subsistence rights. Finally, the Pacific recommends amendments to paragraph 6 to make it clear that we are seeking a full World Conference, which States are responsible for funding. We therefore recommend the text be written as follows: Recommends that following the high level plenary of the General Assembly in 2014 work be undertaken to organize an official UN World Conference on Indigenous Peoples.

Theme 3: Implementation of the Rights of Indigenous Peoples

In addition to any general language amendments (as remarked upon by our first speaker), the Pacific would like to comment on Theme 3: Implementation of the Rights of Indigenous Peoples. We propose combining the first and second recommendations into one paragraph, as follows: 1. We recommend that:

(a) States develop processes that facilitate and ensure that: (i) local and provincial laws, policies and procedures, and national constitutions, comply with the Declaration and other international Indigenous Peoples human rights standards; (ii) Indigenous Peoples institutions, conflict resolution processes and juridical systems are respected and protected; and (b) that national human rights institutions develop specific programmes and monitoring mechanisms that focus upon and address the effective implementation of the Declaration;
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We agree with the text in current recommendation 3 (proposed now as recommendation 2). We propose a new recommendation 3 as follows: 3. Recommend that states recognize that the implementation of the Rights of Indigenous Peoples, including the formulation and implementation of laws, policies and strategies, needs to be informed by evidence based on ethical collection, analysis and use of disaggregated data; We agree with the text in current recommendation 4. We propose that the current recommendation 5 be strengthened so that it now reads: 5. Recommend that States refrain from further militarizing, cease all militarization of, and initiate processes to de-militarize, the lands, territories, waters and oceans of Indigenous Peoples (with the remaining text staying as is). We agree with the text in current recommendations 6 and 7. Finally, the Pacific proposes a new recommendation 8, to read as follows: 8. Recommend that States fully honor and implement the right to selfdetermination of Indigenous Peoples, including through formal decolonization processes for those Indigenous Peoples who seek it, and that all administering powers of Non-Self Governing Territories take all steps necessary to eradicate colonialism.

Theme 4: Implementation of the Rights of Indigenous Peoples

The Pacific would like to recommend the following items under Theme 4: Indigenous Peoples priorities for development (free, prior and informed consent). Regarding Recommendation one , please delete the word 'their'. Regarding Recommendation two, as previously noted please add the words waters and oceans when referring to lands, territories and resources. We seek no changes to Recommendation three.
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Regarding recommendation four we recommend it be substituted with the following text: Recommend that States provide adequate resources that enable the empowerment of Indigenous Peoples to deliver culturally appropriate, high quality health, wellbeing and development programs, including housing and education to improve outcomes for Indigenous Peoples. Regarding recommendation five the focus should be for everyone and not just women and girls. We suggest the words "Indigenous women and girls" change to "Indigenous Peoples", and change word draft to develop so that it now reads: Recommend States, in collaboration with Indigenous Peoples, undertake the ethical collection, analysis and use of disaggregated data to inform the development and implementation of public policy and legislation that seeks to improve the health, education, well being and economic development of Indigenous People's. Regarding recommendation six as previously noted please add 'educational' where it says economic, social and cultural. Further we suggest the insertion of two new recommendations about education be inserted as follows: Recommend that States take urgent action to adopt strategies that enable Indigenous Peoples to exercise their sovereign rights to establish their own educational system affirming the scholarship of their own knowledge system, sciences, technologies and cultural manifestations. Recommend States ensure meaningful and effective participation of Indigenous Peoples is underpinned by the free, prior and informed consent protocols within the core business of western education system that affirms the cultural circumstances of the people to which it is being delivered. We also request the insertion of a recommendation about the Universal Periodic Review, which should read: Recommend that the Declaration be included in the Universal Periodic Review, which States will be formally assessed on regarding progress made in implementing the rights of Indigenous Peoples. Finally, we request that the following text be added to the Declarations Preamble:
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Respecting that the circumstances and lawful status of participants in these proceedings are special and unique to each and all, whether as Indigenous Peoples, Nations and Independent States, where and lawful and appropriate to said Peoples, Nations and States, be it hereby declared as follows: ENDS