Appointment of new Special Rapporteur on Indigenous Peoples

Dear friends,

This is to inform you that, during its last session in September 2007, the Human Rights Council (HRC) decided upon the criteria for the nomination for special procedures mandate-holders (decision 6-102, only available in English). These criteria, as well as the procedure that was formally adopted by the HRC at its June session (Resolution 5/1), will guide the replacement of those mandate-holders who have already completed their 6 year-term. This includes the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.

Appointment procedure

As adopted by the Council, the new nomination procedure includes the following phases:

a) Preparation of a public list of eligible candidates by the Office of the
High Commissioner for Human Rights (OHCHR)

b) Proposition of short list of candidates to the President by a Consultative Group (appointed by the Regional Groups)

c) Presentation of candidates by the President to the HRC.

d) Endorsement of candidates by the HRC.

Requirements

According to the list of technical and objective requirements adopted by the HRC, candidates should meet the following requirements:

a) Qualifications: relevant educational qualifications or equivalent professional experience in the field of human rights; good communications skills in one of the official languages of the United Nations.

b) Relevant expertise: knowledge of international human rights instruments, norms and principles; as well as knowledge of institutional mandates related to the United Nations or other international or regional organization's work in the area of human rights; proven work experience in the field of human rights.

c) Established competence: nationallity, regionally or internationally recognized competence related to human rights.

d) Flexibility, readiness and availability of time to perform effectively the fhe functions of the mandate and to respond to its requirements, including attending Human Rights Council sessions.
Submission of eligible candidates

It is important to note that the candidatures for special procedures mandates may be submitted by Governments, regional groups, international organizations (incl. OHCHR), non-governmental organizations, other human rights bodies, and individuals [Note that academic institutions cannot as such submit candidates, but only academics or their individual capacity].

The names of the candidates should reach the Secretariat at the following address: hrcspecialprocedures@ohchr.org (mailing address HRC Secretariat, c/o Orest Nowosad, Office of the High Commissioner for Human Right, Room PW 4-903, UNOG, CH 1211 Geneva; fax: +41(0)22 917 90 11)

Timing

The new Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people is expected to be appointed by the HRC during its 7th session in March 2008. The Consultative Groups will submit the short list of candidates to the President by the beginning of February 2008 and will consult the public list of candidates in the weeks before. All relevant stakeholders are thus invited to submit their candidates at their earliest convenience.

Luis Rodríguez-Piñero Royo
Human Rights Officer
Special Procedures Branch
Office of the High Commissioner for Human Rights
1211 Geneva 10 - Switzerland
Tel. + 41 - 22 917 91 34; fax + 41 - 22 917 60 10
Email: lrodriguez-pinero@ohc

Access, Benefit Sharing and the Convention on Biological Diversity

Montreal, Canada (UCTP Taino News) – Delegates from around the world are attending the fifth meeting of the Ad Hoc Open-ended working group on Access and Benefit Sharing of the Convention on Biological Diversity (CBD) in Montréal, Canada. In relation to the CBD, the Working Group - convening from 8 – 12 October 2007 - is negotiating elements of an international regime on access and benefit-sharing. The items being discussed include access to genetic resources; fair and equitable sharing of benefits arising out of their use; measures to support compliance with prior informed consent (PIC) and mutually agreed terms (MAT); an internationally recognized certificate of origin/source/legal provenance of genetic resources; capacity building; and indicators for ABS.

Review full story at:

http://uctp.blogspot.com/2007/10/access-benefit-sharing-and-convention.html

Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People

Dear friends,

Please find below two important news concerning the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.

A. Renewal of the mandate of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

On 28 September 2007, the Human Rights Council, during its sixth session, decided to renew for an additional period of three years the mandate of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people. The unedited version of the relevant resolution, so far only available in English, is attached, along with a copy of the Special Rapporteur's oral statement to the Council.

The Council's new resolution, whose unedited version is attached, reaffirms and reinforces the Special Rapporteur's mandate as described in previous resolutions of the Commission on Human Rights, in areas such as the Special Rapporteur's official visits, communications, and annual reporting.

The Council's resolution further includes a number of important innovations in relationship to previous resolutions, including the following:

- The resolution entrusts the Special Rapporteur with the follow-up of the recently adopted UN Declaration on the Rights of Indigenous
Peoples, along with other relevant international standards.

- The resolution invites the Special Rapporteur to work in close cooperation with the UN Permanent Forum on Indigenous Issues, and to
participate in its annual session.

- The resolution invites the Special Rapporteur to identify, exchange and promote best practices in the promotion and protection of the rights of indigenous peoples.

- The resolution calls the Special Rapporteur to pay a particular attention to the situation of indigenous women and children, and to apply a gender perspective in his/her work.

The current mandate-holder, Mr Rodolfo Stavenhagen from Mexico, will finish his term at Council's resumed session in December 2007, when he will also present his final report. In order to avoid a protection gap, he will retain the mandate until the appointment of the new mandate-holder, initially expected in March 2008.

B. Report to the UN General Assembly

On 22 October 2007, the Special Rapporteur will present his fourth annual report to the Third Committee of the United Nations General Assembly. The report, now available in all UN official languages, presents an interim description of the activities carried out this year by the Special Rapporteur. In addition, the Special Rapporteur's report includes a number of general considerations on the situation of indigenous peoples in Asia, a region to which the Special Rapporteur has devoted a special attention during the last year.

Melanie Clerc
Indigenous Peoples and Minorities Unit
UN Voluntary Fund on Indigenous Populations
UN Voluntary Fund on Contemporary Forms of Slavery
Office of the High Commissioner for Human Rights
Office Motta 2.06
1211 Geneva
Tel: +41 22 928 9737
Fax: +41 22 928 9010

Historic Milestone for Indigenous Peoples Worldwide as UN Adopts Rights Declaration

New York, 13 September - Marking an historic achievement for the more than 370 million indigenous peoples worldwide, the General Assembly today adopted the Declaration on the Rights of Indigenous Peoples, the result of more than two decades of consultation and dialogue among governments and indigenous peoples from all regions.

"Today, by adopting the Declaration on the Rights of Indigenous Peoples we are making further progress to improve the situation of indigenous peoples around the world," stated General Assembly President Haya Al Khalifa.

"We are also taking another major step forward towards the promotion and protection of human rights and fundamental freedoms for all."

Secretary-General Ban Ki-moon warmly welcomed the adoption, calling it "a triumph for indigenous peoples around the world."

He further noted that "this marks a historic moment when UN Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all."

Adopted by the Human Rights Council in June 2006, the Declaration emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions and to pursue their development in keeping with their own needs and aspirations. It establishes an important standard for eliminating human rights violations against indigenous peoples worldwide and for combating discrimination and marginalization.

"The 13th of September 2007 will be remembered as an international human rights day for the Indigenous Peoples of the world, a day that the United Nations and its Member States, together with Indigenous Peoples, reconciled with past painful histories and decided to march into the future on the path of human rights," said Ms. Vicky Tauli-Corpuz, Chairperson of the UN Permanent Forum on Indigenous Issues.

The Declaration addresses both individual and collective rights, cultural rights and identity, rights to education, health, employment, language and others. The Declaration explicitly encourages harmonious and cooperative relations between States and Indigenous Peoples. It prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them.

Calling the Declaration "tangible proof of the increasing cooperation of States, Indigenous Peoples and the international community as a whole for the promotion and protection of the human rights of indigenous peoples", Under-Secretary-General for Economic and Social Affairs, Mr. Sha Zukang said that the UN "has fulfilled its role as the world's parliament and has responded to the trust that Indigenous Peoples around the world placed in it, that it will stand for dignity and justice, development and peace for all, without discrimination."

The Declaration was adopted by an overwhelming majority of the General Assembly, with 143 countries voting in support, 4 voting against (Australia, Canada, New Zealand and the United States) and 11 abstaining (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa, Ukraine).

To view a webcast of the General Assembly session, see:
www.un.org/webcast/ga.html

For more information on the Declaration on the Rights of Indigenous Peoples, please see:
http://www.un.org/esa/socdev/unpfii/en/declaration.html

For media enquiries, please contact: Renata Sivacolundhu,
Department of Public Information, tel: 212.963.2932, e-mail:
sivacolundhu@un.org

For Secretariat of the Permanent Forum,
please contact: Mirian Masaquiza,,
tel: 917.367.6006,
e-mail: IndigenousPermanentForum@un.org

A Caribbean Indigenous Position on the UN Declaration on the Rights of Indigenous Peoples

SEPTEMBER 13TH, 2007
UNITED NATIONS, NEW YORK

8:00 a.m. (est)

Ta’kahi Guaitiao (Greetings Relatives), on behalf of the Taíno People - the elders, children, women and men - represented by the United Confederation of Taíno People (UCTP), and in solidarity with other Caribbean Indigenous Nations and organizations including The Consejo General de Tainos Borincanos (Puerto Rico); Caney Quinto Mundo (Puerto Rico); Kalinago Carib Nation (Dominica); Santa Rosa Carib Community (Trinidad); Joboshirima Lokono Arawak Community (Venezuela); Sanomaro Esa (Suriname); Eagle Clan Arawaks (Guyana/Barbados); Caney Indian Spiritual Circle (Cuba/U.S.); Presencia Taina (Puerto Rico/U.S.); Bohio Attabey Taino Women’s Circle (Puerto Rico/U.S.); Tainos Roca de Amor del Turey (Puerto Rico) and the Fundacion Luz Cosmica Taina (Dominican Republic), it is our hope that this message finds you well and in good Spirit.

On this historic day, the UCTP respectfully shares the following statement with regard to the United Nations Declaration on the Rights of Indigenous Peoples.

It is the view of the UCTP that Declaration of the Rights of Indigenous Peoples which the United Nations General Assembly (UNGA) will act upon today, Thursday September 13, 2007, contains many provisions that are acceptable to our diverse communities as well as several provisions that we cannot support.

While the UCTP recognizes and appreciates that the Declaration text contains provisions that uphold and affirm for example our right to self-determination, land and natural resources, free prior informed consent, Treaties, and other inherent rights, we also recognize and are greatly concerned that final changes to the text were completed without the direct participation of Indigenous Peoples.

With this in mind and recalling the great sacrifices of Indigenous Peoples who have worked tirelessly toward the adoption of a Declaration on the Rights of Indigenous Peoples over the past 25 years, Caribbean Indigenous Peoples join in solidarity with our Indigenous relatives from around the world by not opposing the presentation of the modified text of the Declaration by the co-sponsoring states for adoption by the UNGA. This position is also based on the expressed commitment from the co-sponsors and African states to block any additional amendments which weaken or undermine the Declaration during the General Assembly vote or afterwards.

In addition, we express our profound appreciation to the many states, especially the Caribbean states, who will vote in support of the Declaration today. The UCTP will also note and call attention to those who will oppose it and we urge these states to re-consider their position in the spirit of partnership expressed in the theme of the Second International Decade of the World’s Indigenous Peoples.

In closing, the UCTP, in solidarity with the leaders of Caribbean Indigenous Nations and organizations throughtout the region, looks forward to immediately undertaking the implementation of the Declaration, working in positive, harmonious collaboration with states and UN Bodies.

In the Spirit of Our Ancestors,
Roberto Múcaro Borrero,
President and Chairman,
UCTP Office of International Relations
and Regional Coordination