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>Date: Thu, 3 Feb 2000 13:07:10 -0800
>From: Native Americas Journal <bfw2@cornell.edu>
>Subject: Struggles Abound Between UN Bodies on Human Rights
>
>The following article is provided by Native America Journal.
>Published by the Akwe:kon Press at Cornell University's American
>Indian Program, Native Americas keeps you informed of issues and
>events that impact indigenous communities throughout the hemisphere.
>You can find more information on this topic, as well as how to
>subscribe on our web site at http://nativeamericas.aip.cornell.edu.
>----------------------------------------------------------------------
>
>Struggles Abound Between UN Bodies on Human Rights
>By John Stevens/Native Americas Journal
>© Copyright 2000
>
>The 1999 UN Subcommission for the Promotion and Protection of Human
>Rights convened in August in Geneva, Switzerland, with a new name and
>a more constrained mandate. The subcommission often has had a tense
>relationship with its parent, the UN Commission on Human Rights
>(CHR), because of its body of independent experts instead of state
>diplomats and because of its sometimes-vocal contravention of CHR
>decisions.
>
>The latest manifestation of this tension is a report by the 1998 CHR
>Bureau (an oversight group) that details a list of reforms and
>recommendations for the subcommission. Many of these reforms could
>have significant effects on indigenous advocacy at the United Nations.
>
>The most troubling reform that could affect indigenous groups
>involves the Working Group on Indigenous Populations, currently the
>only body in the UN system to which indigenous peoples can appeal.
>The bureau's report singles out the working group in Recommendation
>12(e)(ii) in a potentially destabilizing way. According to the
>report, the working group "should continue to perform the valuable
>work [it is] engaged in... until such time as the question of its
>future status is resolved in the context of the Commission's
>deliberations on a permanent forum for indigenous people in the UN
>system." This ambiguous statement could have dangerous consequences
>given the assertion by many state representatives that the WGIP
>should be dissolved.
>
>States' reactions to the report indicate there may be a move to
>substantially limit the subcommission's duties and powers and perhaps
>dissolve it. Representatives of several non-governmental
>organizations expressed fears that such reforms have political
>aspects that could be abused by some states.
>
>The subcommission further struggled with maintaining its ability to
>make resolutions to the CHR-the report recommends only an annual
>summary. A number of states, including the United States, balked at
>the current process of subcommission resolutions which, when targeted
>at states, have come as embarrassing rebukes for rights abuses.
>During one such debate, the United States lashed out at the
>subcommission for its perceived hubris, claiming that the
>subcommission was trying to supercede its power.
>
>The subcommission attempted to deal with the concerns by limiting the
>number of resolutions passed on rights abuses. The result was a
>"chairman's statement"-a formal declaration of concern about a
>country's human rights record or a pertinent human rights
>situation-crafted to deal with several situations, including that of
>Mexico. The oppression of indigenous peoples there received copious
>attention; however, as in past years, no draft resolution made it to
>the floor. Instead, Chairman Ribot Hatano assured that the
>subcommission would monitor the situation. In return, Mexico agreed
>to allow two Special Rapporteurs on thematic issues-independent
>judiciary and violence against women-to visit the country.
>
>Many experts praised the "spirit of dialogue" that led to the
>statement but the results of this compromise are unclear and
>questions linger.
>
>
>"Nowhere else will you be able to find such powerful-knowledge filled
writing."
>-Wilma Mankiller, Editorial Board Member of Native Americas Journal
>
>Native Americas Journal
>Akwe:kon Press
>American Indian Program
>Cornell University
>450 Caldwell Hall
>Ithaca, NY 14853-2602
>
>Tel.   (607) 255-4308
>Subs.  (800) 9-NATIVE
>Fax.   (607) 255-0185
>Email. nativeamericas@cornell.edu
>
>Native Americas Journal
>       http://nativeamericas.aip.cornell.edu
>
>American Indian Program
>       http://www.aip.cornell.edu
>
>               **Help us put Native Americas in your library.**
>          Please request that your local libraries subscribe to
>Native Americas.

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