Update from Permanent Forum on World Conference on Indigenous Peoples

In 2010, the United Nations General Assembly resolved to hold a high-level plenary meeting, to be known as the World Conference on Indigenous Peoples (WCIP), in 2014 (Resolution 65/198). Currently, the WCIP is scheduled to take place on 22-23 September 2014 (official web link). In 2012, the UN General Assembly adopted Resolution 66/296, commonly known as the "modalities resolution," which among other things provides that discussions during the WCIP would be "co-chaired by one Member State and one representative of indigenous peoples." 

Despite the modalities resolution, however, establishing the exact procedure for the WCIP has been fraught with conflict, with disagreement regarding the manner in which Indigenous peoples would participate in the process. Indeed, the North American Indigenous Peoples' Caucus has called for the cancellation of the WCIP and withdrawn from the Indigenous Global Coordinating Group (GCG) formed to lobby for the full and effective participation of Indigenous peoples in WCIP processes. Although great effort was expended by Indigenous peoples and states to reach consensus, the exact details of the process for the WCIP remained unknown heading into this year's UN Permanent Forum on Indigenous Issues (Forum) beginning 12 May.

The WCIP was part of the Forum's official Agenda this year, and discussion took place on Monday, 19 May. Ambassador Crispin Gregoire, (former Permanent Representative of the Commonwealth of Dominica) and now the UN General Assembly President's (UNGA President) focal point on the WCIP, addressed the Forum plenary to give an update on the way forward. He relayed the UNGA President's proposal, which involved holding consultations, presided over by the UNGA President, to develop a "zero draft" of the WCIP's outcome document. At these consultations, the UNGA President would be assisted by four "Advisers": on the state side, a representative from Costa Rica and a representative from Slovenia, and on the Indigenous peoples' side, Myrna Cunningham Kain and Les Malezer were proposed. Full details of the proposal are available here in the written statement of Ambassador Gregoire.

On 23 May, during the last session of the Forum's last day, the issue of the WCIP was addressed again. Ambassador Gregoire reported that some states opposed the UNGA President's proposal put forth on 19 May at the Forum, and as a result the UNGA President decided to postpone any decision until the following week (the week of May 26) pending further dialogue with states and Indigenous peoples to decide on a way forward.

The Forum Chair allowed almost an hour of interventions on the WCIP during the final session (link to detailed documentation). Ambassador Gregoire said that the position of the opposing states was based on their desire to uphold the "sanctity of the intergovernmental process." He was unequivocal in saying that "we totally disagree with that," noting that the UNGA President had been clear that the zero draft would be taken up by states for review after the consultation process was completed. Mexico, Norway, Denmark, Guatemala, Finland, Bolivia, Australia, Nicaragua, Sweden, Panama, and the United States all made statements expressing support for the UNGA President's proposal (although some noted that it was an unsatisfactory compromise). The interventions from states overall were unanimous in expressing profound disappointment that a consensus could not be reached.

Interventions made by Indigenous peoples' groups expressed profound disappointment as well, and a representative for the GCG noted that this development represented a serious setback for the relationship between Indigenous peoples and states,. Accepting the UNGA President’s proposal had already been difficult, and for many Indigenous groups, the fact that after consultations the zero draft would be taken up by states before the final outcome document was completed undermined the spirit of co-chairing and relied on the good faith of governments. Both states and Indigenous peoples made repeated reference to upholding the provisions of the modalities resolution and called on the UNGA President to show leadership and decide a way forward.

Unfortunately, the Permanent Forum closed on Friday 23 May without any agreement on next steps for the WCIP. It remains to be seen how the UNGA President will decide to proceed.

UNPFII 13th Session: Report by Mr. Cecil le Fleur, the Chairperson of the National Khoi & San Council (NKC)

Dus die interim Verenigde Nasies se Permanente Forum rondom Inheemse Mense se Kwessies verslag van die Nationale Voorsitter, Mr. Cecil le Fleur, van die Nationale Khoi & San Raad gedateer 

19 May 2014.

Geagte Raadslede

Groete hier uit New York.

Ek het reeds ons voorlegging in die VN Permanente FORUM gelees. Dit was goed ontvang deur meeste inheemse verteenwoordigers hier. As ek dit so stel, bedoel ek diegene wat persoonlik by my so aangedui het.

Ek het aanvanklik probleme ondervind om akkreditasie te kry om die forum byeenkoms te kon bywoon. Dit was agv n misverstand wat ontstaan het tussen die DTA en die SA Permanente Missie hier in New York. Ek het toe wel die volgende dag akkreditasie deur my eie kontakte hier verkry.

Die DTA, oftewel, die SA Regering, het egter toe reeds die vorige dag hul voorlegging gedoen. Ek het n harde kopie van die voorlegging. Nadat ek die dag daarna ons voorlegging gedoen het, het hulle onmiddellik weer n spreekbeurt gevra om hulle te verdedig op die stellings wat ons gemaak het. Hierdie insette het ek nog nie van hulle gekry nie. Soos ek verwag het, het die voorsitter van die UNPFII onmiddellik na my voorlegging gevra dat regerings en Inheemse afvaardigings asb moet probeer om meer te doen om voor hul koms na die Forum eers tuis met mekaar konsensus te bereik.

Die Permanente forum het egter deeglik kennis geneem van ons posisie en ek hoop regtig dat daar nou spoedig n proses sal ontwikkel waar ons, in samewerking met ons regering, ernstig sal begin om die wetlike erkenning van die Khoi en San in Suid Afrika tot n suksesvolle einde te dryf. Daar is n sterk moontlikheid dat ek nog vanaand met die DG en ander lede van die regerings afvaardiging, in gesprek sal tree om die pad vorentoe te bespreek.

Intussen het ek ook aktief deelgeneem aan gesprekke en vergaderings met afvaardigings van Inheemse volke van ander Afrika lande en organisasies om gemeenskaplike sake aan te spreek. Van die ernstigste algemene sake is beslis die Wêreld Konferensie oor Inheemse Volke ( WCIP ) wat later vanjaar in September sal plaasvind. Meeste Afrika regerings, sowel as Rusland en China, is ernstig gekant teen die besluit dat inheemse volke die reg sal hê om op gelyke voet met staatshoofde aan die konferensie deel te neem. M.a.w. dat daar vol, gelyke en effektiewe deelname van  Inheemse Volke in die konferensie sal wees. Verteenwoordigers sal, soos dit voorgestel is, kan reageer op wat Staatshoofde in die konferensie rapporteur. Die oorspronklike reeling, soos in die Algemene Vergadering van die Verenigde Nasies geneem was, het voortgegaan om te bepaal dat daar twee mede voorsitters vir die konferensie sal wees. Een van die regerings/nasiestate en een van die Inheemse Volke. Hierdie reëling is natuurlik heeltemal onaanvaarbaar vir die meeste Afrika State, Rusland en China. Inheemse Volke kan volgens hulle nie direk met Staatshoofde interaksie hê nie. In die Permanente Forum is dit mos anders. Hier word die State slegs deur regerings amptenare, ambassadeurs en soms ministers verteenwoordig.

Intensiewe onderhandelinge tussen die Verenigde Nasies strukture en die strukture van die Inheemse Volke het egter intussen hier plaasgevind. Huidiglik is daar n nuwe voorstel op die tafel wat as volg lui.

Die president van die Algemene Vergadering van die VN ( General Assembly ) sal nou die voorsitterskap oorneem en sal dan ondersteun word deur twee raadgewers van die kant van die regerings en twee raadgewers van die Inheemse Volke aan die anderkant.   (Die "General Assembly " is die hoogste gesagsliggaam in die VN Struktuur )   Hierdie voorstel is volgens alle aanduidinge, aanvaarbaar vir die Inheemse Volke, met slegs die uitsondering van die Inheemse Volke van Noord Amerika ( VSA en KANADA ) Dit is in die lig hiervan dat ek saam met ander Afrika Inheemse verteenwoordigers probeer om die regering verteenwoordigers van Afrika lande hier te probeer oorreed om die jongste voorstel van die General Assembly te aanvaar, sodat die reëlings vir die konferensie kan voortgaan. Dit dien ook genoem te word dat n ander geskilpunt is dat die verskillende State die voorbereidings vir die konferensie in volle samewerking met die Inheemse Volke moet doen. Hierdie aanspraak van die kant van die Inheemse Volke berus op die beginsel, soos uiteengesit in die UNDRIP, dat Inheemse Volke volle en gelyke deelname op regerings vlak moet hê in alle sake wat hulle raak. ( " Niks vir ons, sonder ons nie" ) Voorts het die President van die Algemene Vergadering vanoggend weer n verdere voorstel gemaak dat hy n onderhandelings proses aan die gang sal sit met Nasie State sowel as met die raadgewers van die Inheemse Volke om die saak so spoedig as moontlik opgelos te kry. Na die onderhandelinge sal daar n voorlopige dokument opgestel word wat dan as besprekings dokument kan dien vir die betrokke partye. Die eerste rondte sal plaasvind op 29 Mei 2014. Die tyd is baie min en spoedige optrede sal hoë prioriteit geniet.

Die situasie, soos hierbo bespreek, is die mees belangrikste algemene aangeleentheid hier by die Forum, afgesien van die persoonlike voorleggings wat Inheemse Volke maak t.o.v. die vordering wat daar in hul onderskeie lande gemaak is met betrekking tot hul eie inheemse sake.

Ek hoop dat ek die verwikkelinge tot sover hier na die beste van my vermoë vir u opgesom het.

Groete

Cecil le Fleur

UNPFII 13 Side Event – Indigenous Peoples' and Community Conserved Territories & Areas (ICCAs)

On Wednesday 14 May 2014, the GEF Small Grants Programhosted a side event jointly with UNDP, Natural Justice, the ICCA Consortium, WAMIP, UNINOMAD Iran and Cenesta to address ICCAs and how they support appropriate governance in line with Articles 3 to 6 and 46 of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration). The event highlighted experiences from the field, with case studies from Iran, Chile, and Australia.

Natural Justice’s Jael Makagon opened the presentations by providing an overview of Article 3 to 6 and 46 of the UN Declaration, which are the subject of the theme of this year’s Permanent Forum. He emphasised the importance of Article 3, which affirms Indigenous peoples’ right to self-determination, and highlighted tension within the UN Declaration regarding the parameters of this right. He also noted that ICCAs serve as the embodiment of exercising the rights set forth in Articles 3 to 6. 

Ari Gorring of Kimberley Land Council discusses
indigenous protected areas in Australia

The next three presenters from Iran, Chile, and Australia spoke on the challenges and successes of the development and implementation of ICCAs in their respective regions. Dr. Taghi Farvar highlighted the importance of obtaining appropriate recognition of ICCAs. An important element that has been crucial to success in Iran is the self-declaration by nomadic communities of their ICCAs independent of the government. This is important because it is often difficult to determine which government agency should be approached to recognize ICCAs, and self-declaration allows communities to take the process into their own hands. Juan Carlos Tonko, leader of the Kawesqar People, spoke on the challenges facing his community in the very southern tip of Chile, that has long been utilising the resources of the sea. Mr. Tonko spoke about how their community has been expelled from a protected area and of recent collaborations with scientists conducting research, which next to mapping of fauna, flora and animal species included noting the original names of the region as a first step of reclaiming the territory. Finally, Ari Gorring presented on the experience of the Kimberley Land Council in Northwest Australia. In this case, the communities face many challenges in their efforts to determine indigenous territories and seeking sustainable partnerships that are not reliant on government. Ms. Gorring spoke of their model of generating enterprise based on local values and is not reliant on government resources.

Finally, Kanyinke Sena from Kenya commented on these case studies noting how ICCAs can help communities to realize the rights set forth in the UN Declaration. He also shared some examples from Kenya highlighting the continuing conflict between the government and ICCAs / collectively controlled areas and territories. While communities are still being expelled from government controlled protected areas, however, Kanyinke highlighted the potential of community co-management systems as a first step in the right direction.

13th Session of UNPFII: African Caucus responds to the World Bank on the Safeguard review process

Mr Kanyinke Sena delivers the African Caucus' response

The African Caucus would like to raise the following two issues of concern in regards to Indigenous peoples of Africa.

First, Indigenous peoples in Africa are alarmed with new developments unfolding in the World Bank safeguard review process. Recent statements made by Mark King, Head of Safeguard Review, suggest that the World Bank is reluctant in applying its ‘Stand- alone policy for Indigenous peoples’ in Africa due to the concerns raised by a few governments in relation to the term ‘Indigenous’.

It is important for the Bank to note the following:

• The vast majority of African countries supported the adoption of the Declaration, with no objection raised to the term ‘Indigenous’;
• Several countries have taken legislative steps in recognizing Indigenous peoples on the continent;
• The African Commission on Human and Peoples Rights recognizes the term ‘Indigenous’ and subsequently the collective rights of Indigenous peoples, including pastoralist and hunter-gatherer communities;
• Jurisprudence on the specific rights of Indigenous peoples have been developed in national and regional courts;
• All Heads of State of the Economic Community of Central African States (ECCAS) recently institutionalized, in an official manner, the recognition of pastoralists as Indigenous peoples.

The World Bank should therefore support what is today broadly accepted throughout Africa, rather than reversing the trend.

In the same line, the African Development Bank should also align its thinking with that of the African Commission on Human and Peoples’ Rights and work more towards the recognition and respect of the rights of Indigenous peoples in Africa.

Second, Indigenous peoples of Africa have recently been made aware of what has been dubbed the Billion Dollar Map. In February 2014, the World Bank announced a $1 Billion Fund to map Africa’s mineral resources by using satellites and airborne surveys. The Bank has pledged $200 million toward the fund, and hopes that governments and mining companies will provide the remaining $800 million. Several developed countries have expressed initial interest in supporting the fund, and it is expected that eventually mining companies will contribute as well.

Despite the potentially profound ramifications of the project, little is currently known about the proposed fund beyond brief reports in several news outlets.

The impacts of extractive industries on Indigenous peoples are well documented. These include significant environmental, social and cultural effects leading to the loss of traditional livelihoods, threats of food security and cultural survival. These impacts can lead to severe conflicts with communities, up to and including war.

Despite these entrenched issues, there has been no mention of the creation of procedures for communities to be involved in the process of creating the Billion Dollar Map, nor how subsequent increases in mining would uphold social and environmental safeguards and international legal norms. Further, there are no indications that lands and waters traditionally used or occupied by communities will be marked on the map.

Recommendations:

• As Indigenous peoples of Africa, we call on the World Bank, African governments, investor governments and the private sector to end this lack of transparency and share all relevant information pertaining to the Billion Dollar Map;
• We would also like to know how commitments to international norms and standards, in relation to the rights of Indigenous peoples, will be recognized and respected;
• Given that most of the mineral wealth is found in Indigenous territories, Indigenous representatives need to be appropriately represented in the mapping process.

Finally, we would like to make our brothers and sisters in other parts of the world aware of the fact that similar mapping initiatives are likely to be launched in other parts of the world. Already Paolo de Sá, Manager of the Oil, Gas, and Mining Unit at the Bank stated that the obvious next step would be to create another fund to come up with an integrated map of South American mineral resources.

13th Session of the UN Permanent Forum on Indigenous Issues opens in New York

The 13th Session of the UN Permanent Forum on Indigenous Issues (UNPFII) opened on the 12th of May in New York City. The annual two-week event is the highest UN body on which Indigenous peoples and their supporting organizations, intergovernmental organisations and governments come together to discuss issues of importance to Indigenous peoples. It functions as an advisory body to the UN Economic and Social Council (ECOSOC), providing expert advice and recommendations on indigenous issues to the Council, as well as other UN agencies, funds and programmes.

This year’s Forum’s program of work includes a special focus on: “Principles of good governance consistent with the United Nations Declaration on the Rights of Indigenous Peoples: articles 3 to 6 and 46”.  Art. 3 of the Declaration refers to the right to self determination, Art. 4 to the right to autonomy or self-government in matters relation to internal and local affairs, Art. 5 to the right to political, legal, economic, social and cultural institutions and Art. 6 to the right to nationality. Art 46, on the other hand, highlights the duty to respect the territorial integrity of states, which has been seen as a potentially means to undermining indigenous peoples right to self determination as set forth in Art. 3.

This year’s Forum will further include a half day discussion on Asia as well as continue the current discussions on the World Conference on Indigenous Issues, which is currently expected to be held in September 2014.  Jael Eli Makagon and Johanna von Braun from Natural Justice are attending this year’s Forum.

Civil Society Newsletter on Biodiversity Features Two Articles by Natural Justice

The Convention on Biological Diversity (CBD) is known for being relatively open to civil society engagement. As just one example, the CBD Alliance and CBD Secretariat jointly produce a newsletter called [square brackets] ahead of major CBD meetings. The eighth issue has just been released to coincide with the upcoming meetings of the Working Group on Article 8(j) and Related Provisions (7-11 October) and the Subsidiary Body on Scientific, Technical and Technological Advice (14-18 October).

This issue of [square brackets] includes articles on "The Nagoya Protocol and the emergence of biocultural rights" by former Natural Justice Association member Kabir Bavikatte, on the proposal for the CBD to adopt the term "indigenous peoples" by Caroline de Jong (Forest Peoples Programme) and Holly Jonas (Natural Justice), and on the need for strengthened implementation of the CBD by S. Faizi (CBD Alliance Chairperson). The eighth issue of [square brackets] can be downloaded here.

World Bank Steps Up Discussions with Indigenous Groups at this Year's UN Permanent Forum on Indigenous Issues

Photo Credit: UNPFII

During this year’s Permanent Forum on Indigenous Issues the World Bank engaged with Indigenous Peoples in a number of formal and informal sessions. Formally these engagements took place during plenary sessions of the Permanent Forum and informally during side events and organized dialogues. The size of the World Bank's team attending the Forum, which came up to 30 people in comparison to just a handful during last year's event, demonstrates the increased relevance the institution places on recognizing indigenous peoples as an important constituent in its work. 

The World Bank’s most important item of engagement was the review process with respect to its social and environmental safeguards that the World Bank is currently undertaking, which include a policy on indigenous peoples (Operational Policy 4.10). As the current policy was drafted in 2005, many of the numerous comments made by Indigenous Peoples during the discussions related to a demand to bring the policy in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP 2007), including the right to free, prior and informed consent (FPIC). Furthermore, representatives called on the World Bank to not only examine the impact of UNDRIP on OP 4.10 but on all of the Bank’s policies.  It was highlighted that the importance of updating OP 4.10 cannot be overestimated, as in 2012 alone the safeguards were triggered by 20% of all World Bank projects, not including projects where they potentially should have been triggered but were not.

Newly appointed Senior Advisor for Indigenous Peoples and Ethnic Minorities, Luis Felipe Duchicela of the World Bank, responded to the criticism, highlighting that while OP 4.10 recognizes human rights the Bank is willing to take UNDRIP into account as part of the overall safeguard review process it is currently undertaking. However, he noted, in the end the World Bank’s board comprised of governments will have to approve any safeguards review and it was not up to the institution alone to implement such change.

Duchicela furthermore announced the founding of a World Bank advisory council made up with Indigenous People in the near future. He formally asked the Permanent Forum to help support the World Bank in setting up such a council as well as engaging in ongoing dialogue with Indigenous Peoples. 

Permanent Forum members responded to this request by indicating their willingness to support the Bank in this process. However, they highlighted the need to also involve the two other UN mechanisms working on indigenous issues, namely the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) and the Special Rapporteur on the rights of indigenous peoples, a position currently held by Professor James Anaya.

An additional dialogue took place with representatives of African indigenous representatives as well as representatives of IPACC and Eli Makagon, Lesle Jansen and Johanna von Braun from Natural Justice, during which the World Bank requested feedback from participants on how future dialogues with Indigenous Peoples from the African continent should take place.  Participants highlighted the need to split such consultations into sub regional engagements in North, Southern, East, West and Central Africa and provide for the different language groups on the continent. Participants also emphasised that information on such dialogues will have to be announced sufficiently in advance, unlike the previous dialogues that the World Bank conducted in the ongoing safeguards review process. Participants highlighted that such dialogues would be very important especially given the recent World Bank announcement of a 1 billion USD grant for the Central Lakes region in Africa, nearly half of which will be directed to hydro-power facilities.

African Caucus Meets with UN Special Rapporteur

Prof James Anaya
Photo Credit: UN

During the twelfth session of the United Nations Permanent Forum on Indigenous Issues (UNPFII) held in New York, representatives of indigenous peoples and organisations may request a meeting with the UN Special Rapporteur, Prof James Anaya, concerning matters falling within his mandate.

On Monday, 20 May 2013, on acceptance of their request for a meeting, the Southern African delegation of the African Caucus, accompanied by the Open Society Initiative of Southern Africa (OSISA), represented by Mr Delme Cupido, and the Indigenous Peoples of Africa Coordinating Committee (IPACC), represented by Mr Joram Usep, met with Prof Anaya.  The meeting took place in the United Nations building before the opening of the Twelfth Session of the UNPFII.

Among the delegation was the Chairperson of the National Khoisan Council (NKC), Mr Cecil Le Fleur, who raised the concerns of the Khoi-San peoples in South Africa, in particular, the lack of implementation of the recommendations made to the South African government in 2005 by Prof Anaya’s predecessor, Prof Rodolfo Stavenhagen.   At the conclusion of the meeting, Prof Anaya asked that the NKC put together a report on these concerns which he will consider and take up with the South African government. 

United Nations Permanent Forum on Indigenous Issues Enters Second Week

The twelfth session of the United Nations Permanent Forum on Indigenous Issues (UNPFII) is currently taking place at United Nations headquarters in New York City from May 20 to May 31. The UNPFII is an advisory body to the UN Economic and Social Council, which is the UN platform on economic and social issues. The UNPFII brings together Indigenous peoples, governments, UN agencies, NGOs, and other stakeholders in unique fashion to collaborate on issues faced by Indigenous peoples. Natural Justice is attending the UNPFII and undertaking a number of activities, including supporting the Indigenous Peoples of Africa Coordinating Committee (IPACC) and the National Khoi-San Council, as well as launching the second edition of the Living Convention. This year, Mr. Kanyinke Sena, a former IPACC Executive Committee member, has been nominated as the Chair of the UNPFII. 

This session of the UNPFII is billed as a Review Year, and is addressing a number of different issues, including health, education, culture, human rights, and the World Bank. On Thursday, May 23, the UNPFII held a half day on the African region, where, among other things, a study on resilience, traditional knowledge and capacity- building for pastoralist communities in Africa was addressed. Natural Justice also helped in the preparation of statements on the Khoi-San communities as well as the World Bank that were read during plenary sessions of the UNPFII. During the second week, the UNPFII will address, among other issues, a Consolidated report on extractive industries and their impact on indigenous peoples, as well as the future work of the UNPFII.

WIPO launches Draft TK Documentation Tool-Kit at UNPFII in New York

Photo credit: Q"apaj Conde

The World Intellectual Property Organization organised a side event during the Twelfth Session of the United Nations Permanent Forum on Indigenous Issues discussing the complex issue of documenting traditional knowledge (TK) and challenges and opportunities. During the side event WIPO presented its “Draft WIPO Traditional Knowledge Documentation Toolkit” which sets out practical information on safeguards and best practices for the protection of indigenous peoples´ intellectual property interests before, during and after TK documentation.

The program was moderated by Mr. Rama Rao Sankurathripat (Director, Cooperation Office WIPO) and featured the following panelists:

Mr. Q”apaj Conde, WIPO Indigenous Fellow, Aymara, Pluninational State of Bolivia.

Ms. Yolanda Teran, member Red de Mujeres Indígenas por la Biodiversidad, Kichua, Ecuador.

Ms. Lucy Mulenkei, Executive Director of the Indigenous Information Network (IIN), Masai. Kenya

Mr. Tuomas Aslak, Co-chair of the Global Indigenous Youth Caucus, Sami, Findland. 

Panelists highlighted the opportunities TK Documentation offers in terms of the preservation of TK as well as the protection of TK against abuse, while also raising concerns in terms of who has access to any databases and their content. The evolutionary nature of TK was highlighted and the difficulty of categorizing TK within databases. Finally, Mr Aslak from the Sami Council highlighted their own community managed TK databases as an example of addressing in particular concerns relating to ownership and control of database contents. WIPO's toolkit is now open for comments and is available here.  

NKC Calls on South African Government to Implement Recommendations from Former Special Rapporteur on Indigenous Issues

On Wednesday, 22 May 2013, on the topic of human rights, and during the Dialogue with the Special Rapporteur on Indigenous Issues, Prof James Anaya, Mr Cecil Le Fleur, delivered a statement on behalf of the National Khoisan Council in South Africa.  In the statement, Mr Le Fleur called upon the South African government to urgently implement the recommendations of the former Special Rapporteur on Indigenous Issues, Prof Rodolfo Stavenhagen set out in his report on his mission to South Africa.  He said that although South Africa is now a free country, it cannot be a true democracy if the Khoi-San peoples are not afforded the right to self-determination as envisaged by the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP).

In Mr Le Fleur acknowledged the progress made on the proposed Bill on Traditional Affairs by the South African government thus far, but expressed concern about the length of time it is taking the government to enact this legislation.  In addition, the proposed Bill does not adequately address the historical differences between the Khoi-San peoples and the other dominant tribes in South Africa, and the enactment of the Bill in its current form would lead to an unfair and inequitable outcome. 

In conclusion, the statement called for the following recommendations:

• The leadership and governance structures of the dominant tribes were recognized by our democratic dispensation 18 years ago.  However, the Khoi-San as the first indigenous peoples, are still struggling 18 years after the dismantling of apartheid to get the same recognition from our South African government. We call upon the government to enact legislation that recognizes the Khoi-San peoples’ indigenous institutions and leadership, without further delay.
• We ask for formal recognition of our collective land and heritage rights defined in terms of our ancestral territories including  use; access and management rights; 
• We ask that government set up a Ministry to deal specifically with Khoi-San affairs, led by skilled Khoi-San persons in cooperation with other partners; 
• We ask that Affirmative Action policies not continue to marginalize and discriminate against the Khoi-San through the continued stigmatization of being labelled Coloured through the system of apartheid as mentioned by Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Prof. Rodolfo Stavenhagen’s Mission to South Africa of 2005;.

In response to the statement, the Special Rapporteur, Prof James Anaya, acknowledged the concerns of the Khoi-San Peoples and undertook to raise these concerns with the South African government.