Human rights: with special emphasis on an interactive dialogue with the Special Rapporteur of the Commission on Human Rights on the situation of the human rights and fundamental freedoms of indigenous people

We present this report on behalf of the Pacific Caucus of Indigenous Peoples. In our report we provide a few examples of the many specific abuses of the human rights of the Indigenous Peoples committed by States. We are concerned that the States, which are supposed to be responsible for the protection of our rights, are the abusers of our human rights. These States must accept their responsibility to adopt, respect and utilise the recommendations, instruments and special mechanisms of the United Nations in the interests of human rights and sustainable development. We then conclude our presentation by proposing the Permanent Forum make recommendations for the protection of the rights of Indigenous Peoples in the Pacific Region.
Maluku
The continued sufferings of the Alifurus in Maluku deserves the serious consideration of the United Nations. It is unacceptable that these peoples are losing their ancestral grounds and natural resources to foreign settlers, the so-called transmigrants from over-populated islands of Java. We call for accountability of the Indonesian military and their Laska Jihad troops who are guilty of committing crimes, including war crimes and crimes against humanity, against the people of Maluku.

West Papua
We Request the PFII recommend to the General Assembly a Peace Keeping Mission to West Papua; that the West Papuans be given a 2nd 'Act of Free Choice', this time a true & fair referendum on their own desires for self determination and or independence, and to formally request the states in the General Assembly to recommend West Papua be placed on the decolonisation list. The UN, World Bank, development agencies, corporations and NGOs should acknowledge the special circumstances of tribal peoples and should undertake to respect fully collective rights including communal land ownership. Funding should be made available direct to tribal peoples to enable them to get full legal title to their lands and to enable them to mark and enforce their boundaries and control their resources.

Aotearoa
Maori are disappointed the New Zealand Government has dismissed the country report on New Zealand prepared by the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples. The Government continues to resist self-determination for Indigenous Peoples, despite ratification of two international conventions upholding the rights of all peoples to self-determination. The Government of New Zealand is violating Maori Treaty rights by systematically removing specific references to Maori in Government policies – a move heralded by exclusion of the word ‘Maori’ in last year’s Government budget.

Kanaka Maoli Hawai’i
In March 2006, 49.8 million tons of raw sewage was dumped into a canal in Waikïkï after a period of heavy rains. The raw, untreated fecal matter contains strains of staphylococcus, streptococcus, and leptospirosis which causes diarrhea, infection, and death. The U.S military is responsible for contaminating more than 400 square miles (250,000 acres) on the island of Hawai'i which may contain live arms and other military toxins; testing of chemical, biological, and deadly nerve gas agents in Hawai’i watershed/forest reserve areas; shooting 7.1 million live rounds of various weapons on sacred Hawaiian lands at the PTA; and threatening the highest concentration of endangered species of any U.S. Army installation in the world. On December 28, 2005, Edward Halealoha Ayau was imprisoned by Judge David Ezra for not revealing the repatriation site for 83 funerary objects. If a court can disregard the intent of the Native American Graves Protection and Repatriation Act (NAGPRA) and allow a museum to unilaterally declare that a repatriation is now incomplete, then no NAGPRA related burials or items are safe from future seizure. We ask that Hawai’i be reinscribed onto the list of Non-Self Governing territories.

Fiji
We recommend that the Office of the High Commissioner on Human Rights look into the plight of Indigenous Peoples in the Pacific who have been victims of nuclear testing (both atmospheric and underground). We call for support in their struggle for fair compensation from the United States, British and French governments. This includes the British Government’s responsibilities to Fiji Nuclear Veterans (1960s -); the French obligations to Te Ao Maohi (French Polynesia), and the USA responsibilities in Guam (Chomorro) and the Marshall Islands (Kwajalein Peoples).

RECOMMENDATION
The Permanent Forum on Indigenous Issues:
taking note of the Human Rights concerns of Indigenous Peoples in the Pacific Region, including the need for decolonisation of many territories in the region;
acknowledging the predominantly indigenous nature of the Pacific region, which comprises a number of small island States controlled by Indigenous Peoples;
accepting that the Pacific Ocean is of vital importance to environmental well-being, particularly regarding marine biodiversity, climate change and rising sea-levels, which must be defined in accordance with the significant relationship between the Indigenous Peoples and the environment;
noting the current report and its addendums of the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous Peoples, and his presentation to this session of the Permanent Forum;

UNITED NATIONS
1.recommends that the United Nations Special Committee on Decolonisation renew its efforts to decolonise the Pacific region particularly including that colonisers take responsible measures for the restoration of well-being of the Indigenous Peoples, including economic development which is determined in accordance with the rights of Indigenous Peoples;
2.encourages the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous Peoples to continue his work in the Pacific region and to consider the preparation of a report on the regional interests of the Indigenous Peoples;
3.recommends that those United Nations agencies which have established offices and programs for the Asia and Pacific region review, evaluate and revise their resources allocated to the Pacific region thus ensuring that balance and equity is given to the interests and needs of the Indigenous Peoples of the Pacific region;
4.welcomes the interest expressed by the United Nations University to establish a Centre on Traditional Knowledge in the Pacific region and gives support and encouragement to the development of that Centre as a matter of extreme importance and priority;

REGIONS
5.recommends that a regional plan of action for human rights be established in accordance with the Program of Action for the Second Decade of the World’s Indigenous Peoples, in particular as set out in paras. 91 to 99 of the Program of Action;
6.requests the Pacific regional representative of the Office of the High Commissioner on Human Rights, based in Fiji, attend the next session of the Permanent Forum to provide a report on the human rights of the Indigenous Peoples of the Pacific region;
7.requests the Pacific Forum to include on its agenda a standing item called ‘The rights of Indigenous Peoples’ and that the Permanent Forum be included as a participant under that agenda item;

STATES
8.calls upon the relevant States to intensify their efforts to address the human rights concerns of the Indigenous Peoples in the Pacific region in partnership with the Indigenous Peoples concerned;
9.urges those States in the Pacific region who have not ratified the human rights treaties and other international standards relevant to the Indigenous Peoples, including ILO Convention 169, to consider adoption and ratification as soon as possible;
10.strongly urges the major States represented with interests in the Pacific region, notably Australia and New Zealand, but not overlooking France, USA, Chile, to contribute to the voluntary funds established by the United Nations, WIPO and the Conference of Parties of the Convention on Biological Diversity so that the Indigenous Peoples of the Pacific region might partake in global and regional dialogues which concern them and require their participation;
11.urges those States who are in breach of their obligations under the human rights treaties, particularly the International Convention of the Elimination of All Forms of Racial Discrimination, to comply with their obligations immediately, ensuring where appropriate or recommended that Indigenous Peoples are able to effectively participate in the resolution of human rights abuses against them.
Note: United Nations
Economic and Social Council
Permanent Forum on Indigenous Issues
Fifth Session
New York, 15-26 May 2006
Item 4(b) of the Agenda
Human Rights