EU Statement – United Nations 3rd Committee: Rights of Indigenous Peoples
Mr. Chairperson; I have the pleasure of speaking on behalf of the European Union.
The Candidate Countries the former Yugoslav Republic of Macedonia*, Montenegro*, Serbia* and Albania*, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Armenia, align themselves with this statement.
First of all, the EU wishes to thank the Secretary General for transmitting the highly pertinent report of the Special Rapporteur on the rights of indigenous peoples, Ms. Victoria Tauli-Corpuz (contained in document A/73/176).
Many of the findings of the Special Rapporteur draw an alarming picture of the growing number of attacks against and criminalisation of indigenous peoples defending their rights under the UN Declaration on the Rights of Indigenous peoples, and under human rights treaties, including in context of land, natural resources and environment. We also understand that these attacks are a result of the marginalisation, if not complete exclusion, from vital decision-making processes, while in turn adding to further exacerbations of the marginalisation and exclusion suffered.
The findings of the Special Rapporteur confirm the reports of many NGOs as well as other Special Procedures mandates, such as the Special Rapporteur on the situation of Human Rights Defenders Mr. Michel Forst. According to the international NGO Global Witness, 2017 was the deadliest year for human rights defenders with 197 documented killings. Such reports also indicate that of these killings, the killings of indigenous human rights defenders make up a disproportionate share.
In the EU Council Conclusions on Indigenous Peoples of May 2017, where the EU confirmed its commitments to the UN Declaration on the Rights of Indigenous Peoples, the EU decided to give priority to fighting the discrimination and inequalities based on indigenous origin or identity in relation to ensuring economic, social and cultural rights as well as civil and political rights. Actions should also be taken to address the threats to and violence against indigenous peoples and individuals as well as to Human Rights defenders, in the context of land and natural resources, in the protection of the environment, biodiversity and the climate.
As a result of these policy directions and in responding to the worrying trends of increasing violence, the EU is further stepping up its support to indigenous peoples and human rights defenders working specifically on land issues, environment, biodiversity and climate under the European Instrument for Democracy and Human Rights (EIDHR). Following a call for proposals in 2017, we will this year grant €5 million to Human Rights Defenders and organisations who work on those issues.
The reports of the Special Rapporteur on the Rights of Indigenous Peoples (SRRIP), the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) and the Permanent Forum on Indigenous Issues (PFII) also alert us to the worrying rise in the frequency of land grabbing. Every single day somewhere in the world indigenous peoples are being dispossessed of their ancestral lands, territories and resources. Unfortunately, land grabbing also takes place in countries where their rights to lands, territories and resources are protected in law or even in the constitution. Land grabbing therefore needs to be addressed as a matter of urgency. The EU believes that the phenomenon of land grabbing is rooted in the lack of accountability and good governance. If there is no accountability and governance is poor, there can be no sustainable management of land, resources, and environment and in ensuring equitable access to land tenure. We further believe that respect for the right to customary land and resources is essential for the definition of accountability, good governance and a global rules-based order.
The EU will use all its tools in promoting adherence to a rules-based order and as well to internationally agreed policy directions, such as those of the 2030 Agenda and its Sustainable Development Goals (SDGs).
In response to the 2030 Agenda, the EU adopted in June of last year the New European Consensus for Development which defines the EU’s development strategies for many years to come. The Consensus reaffirms the EU’s rights-based approach to development, which should be the main vehicle in external action for integrating the support to indigenous peoples in the implementation of the 2030 Agenda. Specific attention should be given to women, children, and youth and persons with disabilities as well as those in situations of forced displacement or in violent/armed conflict. Furthermore, the responsible governance of and equitable access to land and resources feature strongly in the Consensus as an important aspect that should be taken into account in the promotion of the respect for the rights of indigenous peoples in line with UNDRIP and an inclusive economic development .
The EU is also a staunch supporter of the "Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests". And while we continue to call on all States to implement those, we are funding land governance programmes and projects in 40 countries around the world with a total budget of €240 million. One example is from Colombia: Thanks to EU’s support, 280.000 hectares were awarded through collective titling benefitting some 8.000 indigenous and Afro-Colombian families living in the neighbourhood of protected areas or national parks. This programme is in addition to the funding provided under the European Union Trust Fund for Colombia created in 2016 to support the peace process. Actions related to governance of tenure and responsible agricultural policies are also key features of this fund.
Another example is our support to the Land and Forest Tenure Facility which focuses specifically on the land rights and tenure security of Indigenous Peoples and Local Communities. This year the EU will give €6.9 million to this important facility. We would also like to mention the EU’s flagship initiative on tropical forests, the FLEGT Action Plan (Forest Law Enforcement, Governance and Trade Action Plan) which together with its key mechanism, the Voluntary Partnership Agreements, seeks to address deep-rooted governance weaknesses that lead to unsustainable and inequitable practises. In our FLEGT negotiations, we endeavour to ensure the participation of indigenous peoples’ representatives and the respect for the free, prior and informed consent principle.
Though implementing the principles of sustainable and responsible governance of land and natural resources is vital for stopping land grabbing, we also believe that the full implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) is immensely relevant in this context. We therefore would like to use this opportunity to urge Governments as well as private sector actors, be they multinational enterprises or small local companies, to abide by these important principles.
Mr. Chairperson; Before discussing the tasks we have ahead of us in regard to the ongoing consultation process to enhance the participation of indigenous peoples’ representatives and institutions at the United Nations, let us celebrate the progress that has been achieved over the last decades by reminding ourselves of the 25th Anniversary of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in Vienna in June, 1993. Many of our efforts within the UN on indigenous peoples’ rights took their direction from the Vienna Declaration and notably on strengthened efforts to elaborate on and adopt the UN Declaration on the Rights of Indigenous Peoples (which we all know was adopted in 2007) as well as in the establishment of the Permanent Forum on Indigenous Issues. The Vienna Declaration recommended that “establishment of a permanent forum for indigenous people in the United Nations system should be considered”.
Twenty-five years on, we now have a well-functioning Permanent Forum on Indigenous Issues (PFII) already with 18 successful sessions behind it since its first session in 2002. The PFII has become a central forum where economic and social development, culture, the environment, education, health and human rights are being discussed and vital guidance in promoting the full and free participation of indigenous peoples in all aspects of society and within the UN system itself is being provided. We should also commend its effective and dynamic cooperation with the two other indigenous mechanisms, the Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples. We are pleased to note the attention that these mechanisms, individually as well as in their mutual cooperation, dedicate to the 2030 Agenda and the SDGs.
Mr. Chairperson; Allow me now to turn to the issue of enhancing the participation of indigenous peoples’ representatives and institutions at the United Nations under the leadership of the President of the General Assembly. The EU has taken an active part in both the consultations as well as in the first informal interactive hearings held during the seventy-second session of the UNGA, and will also take an active part in the interactive hearings of the seventy-third and seventy-fourth sessions of the UNGA, as foreseen by its resolution 71/321. In this process, it has been important for the EU to contribute to a consensual approach.
Given our active engagement, we were pleased to see the progress made at the 39th session of the Human Rights Council on this issue and were happy to support the decision in the annual resolution on the Human Rights of Indigenous Peoples to have an interactive dialogue, while inviting the participation of the President of the General Assembly, on ways of enhancing the participation of indigenous peoples’ representatives and institutions in meetings of the Human Rights Council on issues affecting them to be held at the forthcoming 12th session of EMRIP in 2019. We were also happy for the decision, of the same resolution, to support the Secretary-General in holding timely regional consultations, in order to seek input from indigenous peoples from all regions of the world on the issue of participation within the UN.
For the process ahead we would like to assure all our partners, indigenous peoples and their representatives and institutions, the UN indigenous mechanisms and UN Member States of EU’s steadfast commitment. It is a commitment which is also grounded in the aforementioned EU Council Conclusions on Indigenous Peoples adopted in May 2017. The Council Conclusions underscore the crucial importance of further enhancing opportunities for dialogue and consultation with Indigenous Peoples at all levels of EU cooperation, including in the realization of the 2030 Agenda and the Sustainable Development Goals, to secure their full participation and their free, prior and informed consent in a meaningful and systematic way.
Thank you Mr. Chairperson.
* The former Yugoslav Republic of Macedonia, Montenegro, Serbia and Albania continue to be part of the Stabilisation and Association Process.