Historical archive

The Draft Declaration on the Rights of Indigenous Peoples

Historical archive

Published under: Stoltenberg's 1st Government

Publisher: Kommunal- og regionaldepartementet

Statement by Secretary of State Steinar Pedersen in Geneva, 22th of November.

State Secretary Steinar Pedersen

The Draft Declaration on the Rights of Indigenous Peoples

Statement in Geneva, 22th of November 2000

Mr. Chairman,

My Government has taken part in negotiating the Draft Declaration on the Rights of Indigenous Peoples with great interest. The Norwegian Government is strongly committed to the support of human rights and is dedicated to addressing the problems and needs involved in the situation of indigenous peoples throughout the world.

Norway shares in the aspiration that the ongoing Draft Declaration negotiations should be finished by the end of the International Decade of the World's Indigenous People, which ends in 2004. On behalf of the Norwegian delegation, I find it necessary to express our concern about the lack of progress in these negotiations. There have been several rounds of negotiations, but few results so far. If we are not able to reach agreement on the core principles of the Draft Declaration, it may be impossible for the General Assembly to pass a resolution on the Declaration by the end of the Decade. We therefore urge both national representatives and representatives of indigenous peoples to intensify their efforts to achieve this goal. We urge all of you to ask yourselves what can be done to facilitate further progress. We must now be willing to enter into a constructive dialogue on the fundamental principles contained in the text.

Mr. Chairman,

It is time to recall some of the most basic reasons why this working group was established, and why the negotiation of the Draft Declaration was initiated. Why was a Declaration on the Rights of Indigenous Peoples considered necessary? The answer, I believe, is that most indigenous peoples in the world still find it necessary to fight for their identities, their cultures, their languages and their livelihoods. They have been - and in many respects, still remain - underprivileged in the societies in which they live, and they have little or no access to political influence or power. Thus, in many countries, they have been excluded from the general democratic and economic development of the society at large.

We should also bear in mind the Declaration and Plan of Action adopted by the World Conference on Human Rights in June 1993 which, among other things, states that "States should ensure the full and free participation of indigenous people in all aspects of society, in particular in matters of concern to them. Considering the importance of the promotion and protection of the rights of indigenous peoples, and the contribution of such promotion and protection to the political and social stability of States in which such people live, States should, in accordance with international law, take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people, on the basis of equality and non-discrimination, and recognise the value of diversity of their distinct identities, cultures and social organisation".

Mr. Chairman,

I now turn to one of the difficult issues of the Draft Declaration, the right to self-determination. We are convinced that the success of the negotiations now depends on our willingness and ability to consider the concept of self-determination once again.

The term self-determination is not clearly defined in international law. As formulated in the UN Charter and in the two 1966 Covenants, the provisions on self-determination must be seen against the backdrop of past colonialism. However, the principles of equal rights and self-determination as enshrined in the Charter of the United Nations have a broader application. Sovereign and independent states, too, should comply with this principle, which is without prejudice to their territorial integrity or political unity.

In our view, the right of self-determination is a right which should be exercised within existing, independent and democratic states. In that context, the right to self-determination includes the right of indigenous peoples to participate at all levels of decision making in legislative and administrative matters and in the maintenance and development of their political and economic systems.

Mr. Chairman,

The Draft Declaration contains various provisions on how to implement the right to self-determination, through the recognition of their right to maintain and develop their distinct political, economic and social systems and through greater control over their own affairs, among other things. In order to fulfil these rights, the Draft also recognises that they must be free to develop and make use of their own institutions if they so choose. My Government supports these objectives, and has taken steps to implement them.

It is crucial that we find ways in which indigenous peoples can live harmoniously within existing states, through appropriate power sharing arrangements and with full respect for their human rights. We reiterate our readiness to contribute to the discussion of this important issue.

Permit me, Mr. Chairman, to use this opportunity to address some of the other issues we are dealing in Norway. My Government is currently preparing legislation concerning the use, management and ownership of land and resources in Finnmark county, where there is a major Saami population. In addition, a committee is being formed to consider Saami rights in other parts of Norway. The Government is strongly appreciative of the constructive dialogue and consultations with the Saami Parliament in this process.

Mr. Chairman,

We have reached a critical stage in the negotiations. It is now necessary for us all to make an effort to reach a consensus on the core concepts of the Draft Declaration. The concept of self-determination is fundamental in this regard.

Thank you.