Yozo Yokota, Japan expert

I would like to make a few comments on your paper. I wish to congratulate you the author of the working paper for producing this well extracted, extensive and excellent document with analysis on all of the points. It was a pleasure to read through your working paper that was intellectually stimulating. I agree with the author that the topic should include conflict resolution but also conflict prevention. I support the papers conclusion in paragraph 101 to be included in next years agenda to be worded as conflict prevention and resolution. I would like to support your position. Sometimes conflict is determined narrowly but you prefer to take a broader approach to include disagreement. If you include and we can solve the problem then you can prevent conflict when you broaden that definition. On pages 9 – 11, Recognition/Theory Rights and Contradictory of Treaties. I am of the same view that treaties agreements concluded between states and Indigenous peoples must be respected and implemented as legally binding documents. The paper is not clear. The paper is not clear if it considers such treaties as treaties under international law as under Vienna Convention on Treaties 1969. My question is also whether the author of the paper is thinking of the registration and publication procedures under Article 102 of the UN or if the author is thinking of something else or if it is sui generis treaties or if it should be considered as treaties under international law. I have a fourth point on pages 11 – 12, this section analyzes development projects by non Indigenous peoples affecting lands. Here again, I agree with the analysis and conclusion. The World Bank has developed a policy relating to development projects which will adversely affect the Indigenous peoples concerned. Although it is not always the ideal, the guidelines or policies would be the model or not. The content should be more deeply analyzed. We should make concrete proposals so they would not be adversely affecting Indigenous peoples and their communities. The last point is mechanisms for conflict prevention and conflict resolution . We find another way to solve disputes between states and non-states. That is arbitration. Each body could appoint an arbitrator that would select a third one. The three would read and deliver an award that would be binding. This procedure is done with disputes. It is worth exploring including Indigenous peoples. I agree with all of the recommendations at the end of the paper.

Trisha Riedy, United Nations Institute for Training and Research (UNITAR)

Since 1993 for all people and since 2000, it was created for Indigenous peoples. They identified conflict resolution for assistance. SR also thought it would be useful for resolution of conflict. Advance analysis takes place. The main objective is to strengthen the ability to analyze conflict and based upon dialogue with partners to address conflict in a constructive manner. Indigenous representatives are equipped to deal with negotiation. After identifying conflict, two are examined. The rights based approach and an interest based or problem solving approach they see to examine the root causes of the conflict. Case studies from different regions and inclusive models are presented. Indigenous peoples are applying at the local level. As a result of the training and the subsequent analysis, he established the Committee on Peace and Conflict Resolution. A South African was selected to participate in the government and has served as a sub-regional participant. A member from the Pacific applied the skills immediately afterward in New York. She engaged the diplomatic representative and also the Ambassador of her country. Experts include PFII members, SR and other members. The training is conducted annually. A regional training program is conducted in different parts of the year. Indigenous women compose 40 percent. Also, UNITAR coordinated UN PFII. Each innovation and contribution helps demonstrate that constructive engagement are taking place and mutually beneficial solutions are possible.

Hati Ponika, Tuhoe Nation

I would like to read out my statement in English. I stand before you with all my people that have gone before me and I acknowledge my ancestors that have allowed me to be here today. I also honor your ancestors. Thanks to Geneva and the peoples my thanks also the HCHR. I wish to address the main theme on Indigenous peoples and conflict resolution. I want to give you a small glimpse about our traditional Maori society used indigenous forms. When cultural values were transgressed Maori lived by a set of cultural values. It guided all of our decisions and actions . We call the values Tika (right proper true culturally correct). It allowed our community to maintain integrity to have balance and honor in a pre-European society. According to customary law, these resolution methods. Collective rights and responsibilities supercede individual rights. It is the community’s responsibility to sustain cultural values. Everyone has a responsibility to maintain cultural values because values belong to the whole group. Resolving conflict within our group we can regain the integrity of all people (mana). The individuals work together through the issues at hand. It is vital to not only look at the facts but also what effect the issue had on everyone else. It was widely accepted by society. The customs and laws of the colonizer have overtaken our customs. These are at odds with our processes that are right and fair. The colonizer in New Zealand have imposed measures where the courts consistent with Westminster system instead of our cultural values. Maori communities are disempowered.

Leithanthem Umakanta Meitei, Threatened Indigenous Peoples Society (TIPS)

Manipur is a land in the North - Eastern region of the Indian Sub-Continent having a history and tradition of her own spanning over 2 000 years. Manipur was a sovereign and princely state before its forced annexation into the Republic of Indian Union in the year 1949 October 15. the day which has been mourned as a "BLACK DAY" ever since. Racially and culturally the Manipuries are strikingly opposed to the people of the mainland India.

While the Indians are of Aryan stock, we are Mongoloids. The Indian language are of Indo-European family while our language belongs to the Tibeto-Burman family. Contrary to that of the mainland India, our food habit. dress, custom and behavior are very akin to those people living in the South- East Asian Countries like Thailand, Indonisia, Mayanmar, Korea, etc. Historically, Manipur had never been a part of India before its merger much against the will and mandate of the native people.

As a result of the Indian Colonization we have suffered a gradual extermination and deterioration of our history , tradition , culture and faith. Having lost our sovereignty we are now indigenous people in our own land (We are taking asylum in our own Motherland) facing the overflowing onslaught of the Colonial dominant group. Our struggle to resurrect and retain the continuity of our tradition and history of our own native land and people which took birth at the very moment of its annexation into the Indian Colonial empire, has suffered tremendous repression and suppression .Armed- Conflict between the struggling Indigenous people and the dominant exploiters is an automatic outcome in such a situation. As we struggle for our survival and sovereignty, the colonial rulers tighten their grip more and more squeezing our very existence on the face of the earth.

Insurgency, as we know ,is a movement of the people against exploitation .occupation and injustice in which the armed .volunteers are very few in number and less trained or untrained as compared to the enormous military and paramilitary forces of the colonial authority. As a result, the innocent people are always at the receiving ends.

The Colonial forces always tend to abuse and outrage every single provision of the national and the International law which protect and promote our fundamental Human Rights. The Colonial agents count every single individual of the suppressed but revolting Indigenous group as a member of the insurgency movement. Therefore the counter insurgency repressive measures are not focalized only to the armed volunteers of the movement. Every single individual of the struggling Indigenous group becomes the soft and sure target of the Colonial wrath. Armed Conflict zone is naturally an area where violation of Human Rights is at its superlative degree. It is an area where draconian laws are churned out every now and then from Colonial machineries and the governance of the people is militarized. In Manipur today Custodial death, Extra Judicial Killings, Fake encounters, Rape, Molestation and Genocide by the Armed Personnel are so common daily occurrences that local dailies appear fake without these headlines. I on behalf of our people would like to draw the concern and attention of the International bodies to this burning conflict in our region. Down with Colonial Rulers.

Soren Dhuni, World Anbasi Council

We are all fully aware of the problems faced by the indigenous peoples all over the world in relation to health, education, culture and language, environment, economic and social development and human rights - in particular in certain north-eastern states of India and neighbouring countries who have been struggling for survival and decent lifestyle and in fact there was the SANTAL HULL revolution in 1855 in the Santal Pargana district of old Bihar State in India. POSSIBLE PATHWAYS TO RESOLUTION OF THESE PROBLEMS 1. To bring about awareness of rights and privileges amongst indigenous people all over the world. 2. The government of the states and countries should be encouraged to take the responsibilities of providing clean drinking water, basic health care, sanitation, shelter and jobs to earn livelihoods and infrastructures. 3. To provide basic education in all villages taught in mother tongue by people who speak their languages. 4. To have nursery facilities for all children under 5 years old to enable their parents to go out to work for their living. 5. To provide ante-natal, perinatal and post-natal care to all pregnant women to reduce maternal death and infant mortality. 6. To provide full immunization to all children and promote disease prevention measures. 7. To provide irrigation facilities to poor indigenous people and to encourage new fanning methods to increase yields. 8. To restore their traditional way of life and community administration which is based on democratic principles. 9. To promote leadership qualities, skills and empowerment so that they can stand up for their rights. 10. To help them to establish co-operatives to generate financial independence. 11. Empowerment of women and their equal rights with men. 12. To encourage better higher education and leadership skills to enable them to run then- local and higher administration. 13. International organizations and funding agencies should have an effective monitoring system to sustain progress and the effective use of resources.

Shermatara Kamila, Public Organization Kumandin Peoples (ISOTOK)

We are part of the Indigenous peoples of Siberia. I would like to thank the Voluntary Fund which my participation is possible. Conflict is tension or stress in a social setting. If we distinguish between two versions. In this context, conflict arise from competition over resources. The second problem is problems between Indigenous peoples and those outside. The tension that we have been describing. Interethnic issues are not difficult. There are resource issues. The collapse of the economic situation in Russia and uncertainty about the future and aggressiveness, we have universal human requirements. The federal laws of the Russian federation talk about all of this but it is not implemented in practice. There are some conflicts that are arising. The second problem is the problem is with Indigenous peoples and non-Indigenous peoples. It is quite peaceful. There is no real reason for conflicts. As I have said, the factors of social tension are the same throughout the entire. In solving the indigenous peoples problems, we need to see how the problems are solved with have repercussions to achieve prosperity and assuring the ethnic identity of each group. It is important to be balanced. All nationalism and extremism must be stopped and there must be daily work to instill tolerance.

Brian Buchanan, Miami Tribe of Indiana

In nearly 60 years all of our land was stolen. In 1846, we were split into two groups. The US in 1897 decided to abregate our treaty. We have never accepted this decision. For us, the treaty is a sacred document of brotherhood and is beyond politics. Under applicable international law, we are a people with a territory and a government to enter into agreements with other peoples. US must recognize our sovereignty. We hope the U.S. will honor the rights of Indian people. It is a good nation. We call upon it to recognize our rights and restore recognition to us. We also ask the US to recognize the DDRIP. The Treaty of Greenville must be respected and grounded in a harmonious future.

Yolanda Teran, Consejo Nacional de Muejeres Indigenas del Ecuador

During this activity unexpectedly we discovered shame. In light of the consequences of this fight that gives rise to fights with rocks, hand to hand contact, we came up with a resolution for conflict. This was a controversial and tense event. Students went out to peacefully dance and for the first time shook hands after years of fighting showing reconciliation and peace. This was now repeated by different members of council. We are convinced if tension would be resolved in restoring our children’s values. And look at the culture. Given participation of schools, the dances are now done in peace without danger. Planting seeds of Peace.

Abelino Cesar Palacios, Comunidad Indigena del Pueblo Kolla Tinkunaku

An attempt was made to evict a company that wanted to build up a hotel complex or to establish a sugar cane plantation. Asking for a title for the community in attempt to leave the land to our children. Today we are engaged in a legal struggle. Not long after, pipe lines were being used without consultation. It was underlying our way of life. We started joining up with environmental organizations. We expressed our dissatisfaction with the project. We did not achieve any results. This situation with unemployment forced us to accept and agreement for a miniscule amount of money. In the first year of function it has exploded twice. Appeal should be appealed to states to right the injustices of indigenous peoples. Establishment of a subsidiary bodies.

Karim Abdian, Joint statement: Ahwaz Human Rights Association; Democratic Solidarity Party of Ahwaz; Indigenous Ahwazi Arabs for Freedom and Democracy

On behalf of between 4 to 5 million indigenous Ahwazi Arab people of Southwestern Iran, we want to thank you for the opportunity.

Indigenous AHWAZIS believe the exercise of the right of self-determination is the only reasonable way of resolving a potentially explosive conflict between it and the oppressive Iranian government. The hope and prospect of realizing this right, in our opinion, is the only way to prevent a violent conflict in Iran.

Since the annexation of Arabistan (al-Ahwaz) by the Iranian government in 1925, indigenous Ahwazi nation has not recognized, nor does it now, recognize the Iranian government as their legitimate representative. The successive regimes in Iran have deliberately kept us backward. While our land accounts for 80 of Iranian oils production, we do not share the riches of our land and half of our population live in absolute poverty. Notwithstanding, and despite all odds, indigenous Ahwazi Arabs still have faith in the international community's ability to be just, fair and hopefully intervene on its behalf.

Hopelessness, frustration and desperation of poor and unemployed indigenous Ahwazi youth have in the past provided the impetus in blowing up and destroying oil installations in their land. They perceived these installations as instrument of power that not only did not benefit them, but also polluted their air, contaminated their water and caused a disastrous ecology system. Moreover, they know that no attention is paid to them, and unfortunately, the world does not react unless and until conflicts breaks out.

Prior to its annexation by the Iranian government in 1925, al-Ahwaz used to be an autonomous territory inhabited entirely by indigenous Ahwazi Arab tribes. For the past 500 years, the region was called Arabistan by Persian rulers (signifying the territory's Arab character). The central government changed the territory's name to Khuzestan in 1936. Currently, Ahwaz, or Khuzestan, is a province that lies in southwest Iran, bordering Iraq, Kuwait and the Gulf.

The confiscation of indigenous Arab-owned land by the Iranian government has been an established policy since 1925. The confiscated lands are typically given to non-Arab settlers. In the past fifteen years alone, over 60,000 hectares of indigenous Ahwazi Farmers land have been forcefully taken over, or legally stolen from indigenous farmers and given to non-indigenous outside settlers and government trusted agents. This scheme is designed to break up and change the ethnic structure and racial mix of the province. The Islamic Republic government continues the forced resettlement policy of the previous government to force the indigenous Ahwazis-Arab population out of Khuzusistan by providing economic incentives and enticements to re-settle non- Arab population on the expropriated Arab farmlands. This policy is intended to dilute or de-populate the towns and villages of Khuzestan from indigenous Arabs.

Al-Ahwaz or Arabistan enjoyed fall autonomy and independence at various times in its history of 5,000 years. Arabic was taught and spoken as the official language.

After the emergence of Reza Shah and by enforcing centralization, he invaded Arabistan, overthrew the local administration, occupied and destroyed Arabistan's sovereignty, and subordinated the province to Iran, all against the wishes of its Arab inhabitants and without their involvement. The state adopted Farsi (Persian) official language, which is even now spoken by less man 40% of the total population. The government shut down the schools and banned Arabic education in the province where about 90 %, of the people were native Arabic speakers.

For the past 79 years, indigenous Ahwazis were put under political, cultural, social and economic subjugation by the past Iranian monarchist and the current clerical regimes. These regimes stripped ndigenous Arabs of Ahwaz from their human rights and lowered their status to the ranks of 2 and 3 class citizens. Thus, the Ahwazi nation endured one of the most brutal national persecution and ethnic cleansing.

The policies of the Islamic Republic, like its predecessor, are based on the elimination of the national identity of Ahwazi-Arabs, and to a lesser degree, other nationalities such as the Turks Kurds, Baluchis and Turkmen The aim is "Persianization" or "Farsization ", where everything must be Persian. This policy is based on a supremacist, and a chauvinist ideology, aimed at the elimination of non-Persian cultures, especially the indigenous Arabs.

Our people have been subjected to the eradication of our national identity, our culture, language, and customs- and faced with forced assimilation and imposition of Persian language and culture on an unprecedented level. Our children are being deprived from the use and study of their mother language and our people are being denied their social and political rights.

While our land produces over 4 million barrels of oil a day and to funds 90% of Iranian economy, indigenous Arabs live in abject poverty. No part of this oil- zero- has been allocated to our area or to our people. Again, a common practice between the previous monarchist and the current clerical regime.

Our demands for basic human rights, including education in our mother tongue, have often been labeled as "separatist", "secessionist" or called "stooges of foreign countries" or "danger to territorial integrity. Iran of today is nothing but a cultural and a linguistic apartheid where a dominant minority rules in every respect of life, political, social, cultural, economical etc.

According to the Human Rights Watch "Millions of Land mines remaining from the Iran-Iraq war in the province of Khuzestan, kills and maims indigenous inhabitants of Khuzestan in southwestern Iran every day". The Iranian government deliberately ignores the land-mine problem as it helps its policy of forcing indigenous Arabs off their homes and lands.

50% of the Ahwazi population suffers from absolute poverty and 80% of the children suffer from malnutrition.

While the illiteracy rate among the general non-Arab population in Iran is about 10-15%, this rate among Arab men in Khuzestan is over 60 and among Arab women is even higher.

Indigenous Ahwazi Arab students drop out of schools at 30 % during elementary, 50% during secondary and 70% during high school because they are forced to study a so called official language a language that is not their native. Not surprisingly, this is the outcome of an imposed single-language educational system in a multi-lingual, multinational/multicultural society. This policy has led to economic deprivation, political sidelining, and negation of cultural identity. Ahwazis cannot wear their national and ethnic dress and costume in official centers. They are a people ignored, they are non-official.

Seventeen years after the war with Iraq, the Arab-populated border cities destroyed during the Iran-Iraq war have largely been untouched. Because this is in line and serves the policy of assimilation and ethnic cleansing. The regime erected dams and diverted the waters of our rivers such Karun to non-Arab areas, and it is now planning to pipe and sell the waters of Karkhe river that passes through an entirely indigenous Ahwazi Arab area of Howizeh and Boustan, to Kuwait- and other Gulf countries- while Khuzestan severely suffers from shortage of drinking waters.

The regime does not permit any genuine Arabic newspapers and media in Khuzestan. Ahwazis are excluded from the seen in the mass media. Instead, we see a systematic campaign of hatreds and misrepresentation of indigenous Ahwazi Arabs in the media in Iran- again a common denominator of the previous and the current regime. Now, as in the previous regime, governor general of Khuzestan, all other province's political, military and security commanders and officers, mayors and all high and mid-level government officials of Khuzestan have consistently been appointed from non-Arabs outside of the native Arab population. This marginalization is more acute in a country that the state is the largest employer.

Often, the Iranian government authorities in Khuzestan refuse to register and issue birth identity cards to indigenous Arab newborn-babies, who do not assume Persian or Shiite names. Names of cities, towns, villages, rivers and other geographical landmarks were changed from Arabic to Persian during the previous Pahalavi regimes. These historical Arabic names existed for centuries. The regime refuses to consent to the Ahwazi Arabs' request to change the names of these landmarks back to their historical Arabic names. This regime, like the previous one in Iran, prevents any public mention of the Ahwazi Arab minority population. It has imposed a silence and a news blockade in the national and international media against the existence of Arabs in Iran.

Iranian government in the past 2 years has intensified its campaign of repression against indigenous Ahwazi Arab freedom fighters, human rights and political activists in Khuzestan (al-Ahwaz). It has executed many and imprisoned thousands of Arabs. In the last 18 months, it executed Fadhil Muqaddam, Rahim Sawari, Amir Sa'idi, Hashem Bawi and Abbas Sheihani. During the past 12 months, security forces arrested and imprisoned Mr. Kazem Mojadam, Ali Al-Chaldwai and hundreds of other prominent human rights activists.

The regime refuses to release thousands of indigenous Ahwazi Arab political prisoners. Many of these prisoners are being kept in prison for over 20 years. Some are ill, frail and over 70 years old. We submitted a list of these political prisoners in the Karun prison in Ahwaz to the UNHCHR. With global changes and revolution in telecommunications and emergence of satellite media, we see a tremendous rise in Ahwazi socio-political self-awareness. Accordingly, a greater demand for autonomy and self-determination. Leading and the directing this national awakening will depend upon the

treatments and the response of the dominant regime in Tehran to the legitimate demands of indigenous Ahwazi Arabs and other oppressed nationalities; and also, by the degree of sensitivity of the International community vis-a-vi, the struggles for the rights of self determination.

Despite the seemingly hopeless future that lies ahead of indigenous Ahwazi Arabs, we believe the right of self-determination provides a suitable means of conflict resolution. An overwhelming indigenous Ahwazis believes in non-violence and employment of civic means of struggle for the establishments of a civil society and strengthening the principles of democratic values. We will pursue peaceful resistance, as means and methods of realizing our goals.

Generally, the future of Iran as a modern and a progressive state, and a good member of the International community, could be guaranteed only through a voluntary association of all national groups constituting Iran; where they will have the opportunity to develop their respective cultures, languages, histories, economies and homelands, under an appropriate manifestation of severity, federal, confederate or an equally appropriate system of governance that guarantees and respects the rights of self determination.

We Ahwazi Arabs of al-Ahwaz or Khuzestan desire coexistence with all nationalities in Iran. We advocate a self-rule, autonomy and the right of self-determination that enables and facilitate democracy and social justice. We do not believe in the imposition of one dominant nationality at the expense of others.

In summary, specific demands of the indigenous Ahwazi Arabs of Iran are partially as follows: • Education and study in the mother tongue. • Participation and sharing of economic wealth and resources. • Allocation of some of oil revenues toward the development and progress in Khuzestan. • Expeditious de-mining of Arab inhabited border areas remaining from the eight year Iran-Iraq war. • Repair or rebuilding of Arab towns and villages in Khuzestan that were destroyed during the Iran-Iraq War. • Allow the Arab war refugees to return to their homes in Ahwaz, Abadan, Muhamara (khuramshare) and other cities. • Allow formation of civil society elements in Khuzestan such as labor unions, formation of Arab political and cultural centers. • We demand the return of lands or equitable compensation to Arab landowners whose property was forcefully expropriated by the Iranian government. • We demand safeguarding of the area ecology, and cleaning the drinking water poisoned by run-offs from the "Sugar Cane" project. We demand that the government must stop the proliferation of drugs among Arab youth and combating corruption. • Release all political prisoners.

Mr. Chairman, the loss of faith of our people in the international community's ability to be fair may drive our youth to desperation and hence to extremism. International community cannot and should not encourage and promote national chauvinism of a dominant nation or an ethnic group at the expense of others. It can not be expected of dominated and oppressed nationalities and ethnic group to keep quite.

We think the right of self-determination is basic human rights that all nations, including the Ahwazis, are entitled to, and it is the main ingredient to peace.

Contact: AHWAZ HUMAN RIGHTS ORGANIZATION Indigenous Ahwazi Arabs for Freedom and Democracy in Iran Democratic Solidarity Party of Ahwaz P.O. Box 287383 New York, New York www.ahwazstudies.org

Arnold Groh, Technical University of Berlin

With regard to this year's theme - "Indigenous Peoples and Conflict Resolution" - I would like to briefly mention some relevant aspects resulting from culture-related research. Conflicts that affect indigenous peoples are generally brought about by external parties with more effective resources in terms of weapons or political power. It is therefore quite certain that by being involved, the indigenous people are going to be victims of the conflict, anyway. But the effects of being exposed to dominance continue even under conditions of intervention aiming at conflict resolution and humanitarian aid. The ways these interventions are carried out are usually not very sensitive towards the indigenous cultures concerned. While focussing merely on the physical existence, industrial cultural elements are being transferred that replace and delete indigenous cultural elements. Thereby, the identity of those individuals struck by flight and distress is being further destabilized. Even when indigenous people can be saved from such a situation physically, they will be subject to sociocide; their culture will suffer irreversibly. Interventions concerning indigenous peoples, even when done with the best intentions, can accelerate the cultural loss. which comprises not only the loss of specific life-styles, but also the loss of valuable knowledge. Therefore, in order to counteract this loss that humankind is suffering, it is apparently necessary to acknowledge culture as a value per se. In practice, this means that culturally specific and sensitive implementation of intervention and aid are just as important as the prevention of conflicts.

Luzmila Amaya Curvelo, Akuaipa Waimakat Guajina

We are 300,000 people. We have our own language, form of justice and applying indigenous jurisdiction. There are still problems with the state justice systems. We are concerned about the injustices that persist. The high court of the country are called upon to set up indigenous judges nevertheless we are waiting to see this apply. Colombia does not establish necessary procedures between the state and indigenous peoples. Indigenous peoples are tried under republican judicial system. ILO Convention 169 has been incorporated into law. In November 2003, Waaru indigenous judges presented a draft protocol for agreement to have coordination between justice in the region with indigenous incorporation to include justice for the 300,000 people. The document contemplates aspects including action between state security bodies and the indigenous peoples. Indigenous judges suggest that current negotiations that invitation is provided for understanding so indigenous peoples can be heard and show true peaceful intentions of indigenous forms of justice.

Dominga Viño Gomez, Kichim Konojel/Maya Kiche

I represent the agro-tourist women’s movement. The dominant society has hardly accepted the peace agreement of 1996. We are finally starting to hear about identity. Indigenous women are attempting to make sure there is space.

Emmanual Nengo, UNIPROBA

Je m'appelle Emmanuel NENGO , membre de l'organisation UNIPROBA et je viens du Burundi dans les pays des Grands-Lacs de 1' Afrique centrale. En effet, les Batwa ont vécu depuis longtemps dans la foret ou ils vivaient paisiblement de la chasse et de la cueillette avant l'arrivée des peuples éleveurs et agriculteurs. Et voilà qu'avec leur arrivée la région n'est jamais stable ,elle est toujours en tourbillons des guerres ethniques et conflits armés entre les groupes rebelles et les forces gouvernementales. Quoi que les Batwa ne fassent partie des groupes en conflits , les conséquences les plus néfastes et meurtrières tombent sur eux ,notamment la participation forcée au combat du coté de l'un ou l'autre belligérant et meurent sur le champ de bataille, ils subissent également des massacres , les refuges et les déplacements intérieurs sans oublier les viols pour les filles et femmes ce qui engendrent la contamination au VIH/SIDA.Tous ceux-ci viennent s'ajouter aux grands problèmes qu'ils avaient auparavant à savoir :

•• La non reconnaissance de cette population par le gouvernement comme peuple autochtone, •• L'expulsion de la foret sans consultation ni indemnisation, •• Le servage de pas mal Batwa, •• La non participation des 8atwa au processus de paix d'Arusha, •• La discrimination, la marginalisation et la stigmatisation, •• La pauvreté extrême due au manque de terre et sans travail rémunérateur, •• Le manque de soins de santé •• Manque de logement décent •• Le manque d'éducation pour leurs enfants(plus de 99% sont analphabètes) •• Manque de représentativité dans les instances de prise de décisions •• Violations des droits économique , social et culturel •• etc

Voiciles recommandations à la communauté nationale, régionale et internationale : • rétablir les Batwa dans leurs droits comme Etre humain et assurer leur protection active et efficace pendant les confrontations entre les belligérants, • que la justice soit fait aux forfaitaires des tueries devenues monocourantes contre les Batwa et des viols pour les filles et les femmes, • octroyer des terres aux Batwa, • assurer la sécurité et la bonne gouvemance et la démocratie dans la sous-région, • l'éducation gratuite des enfants Batwa est vivement recommandée pour permettre l'émergence des intellectuels de ces communautés, • intégrer les Batwa dans les instances de prise de décisions et à d'autres secteurs de développement économique, social et culturel, • intégrer les Batwa dans le processus de négociation et de paix qui se font afin d' arriver à une paix durable, • pourvoir aux organisations autochtones des fonds nécessaires pour leur assurer un développement durable.

Je termine par signaler que l'écoute , la communication, et la compréhension mutuelle entre les organisations autochtones, non autochtones et les divers intervenants envers ces derniers pourront les amener à la résolution des conflits.

Contact: UNISSONS-NOUS POUR LA PROMOTION DES BATWA (UNIPROBA) Q.INSS , AV D'AOUT , N0 14 B.P 5207 MUTANGA 1 BUJUMBURA- BURUNDI Tél.00257927914 Fax.00257212325 Email.uniproba@yahoo. Fr

Françoise Hampson, WGIP Human rights Expert

I should like to thank you for your report. I have four suggestions. Disagreements of any kind such as criminal law should be solved in their own system for conflict. I think this should be included. Indigenous peoples and States. I was struck by paragraph 38 focusing on judicial domestication. It is nothing like a traditional interstate. There are two in play. The states seem to think they are dealing with a constitutional claim. At the first level, there is the HR of indigenous peoples. Then there are religious and national ethnic groups. These are constitutional. But Indigenous peoples rights are supra-constitutional. The claims are prior to the constitutional before the state. The case of fundamental Indigenous peoples rights is that Indigenous peoples have a right to veto. They are the only ones that accept constraints. Both in form and substance, they assume that the rights of Indigenous peoples are the same as individuals. States should not impose their own form of dispute settlement. They should reach an agreement as a form of dispute settlement. One should never underestimate HR law. They are individual rights and or the rights of minorities. The case law of the HR Committee illustrates the use that can be made for normal human rights provisions. Minority rights and also the rights of Indigenous peoples. Domestic proceedings looking at the Chagos islands in the High Court pointing out how they were forced from their home. They used the rule that are not limited to Indigenous peoples. It is satisfying when one can use state law or existing law to protect Indigenous peoples. If they can assist Indigenous peoples they should be incorporated.

Miguel Alfonso Martinez, WGIP Chairman

Basic problem in this endeavor in conflict prevention because of this tendency toward domestication. It is a matter of citizen rights. The state has a duty to find a solution to such conflicts among citizens. If we don’t start from the basis and that Indigenous peoples may have rights. We are not going to see how it is possible how CR mechanism will be solved. We are talking about two different approaches even non-Indigenous peoples. This has to be citizen rights not the rights of Indigenous peoples and then we are back with domestication and how the state says these are my citizens and it cant go above the laws created. This does reflect reality and finally as a policy. Effective ways of achieving conciliation and making a new relationship and more equitable relationship is not possible with the current ways dealing with the conflict. On what conceptual basis do we have to redo the way conflict resolution takes place. I do stress that the more effective internal mechanism, the less need there will be at the international level that two segments of the population may face. This is discussing these issues at the international level. At the conceptual level, it is easy. There is a refoundation of the basis. Anybody can paint a dove, but the problem is to put in the details. We see the logic but how to put it into practice. This opens up new prospects to look into the matter.

Pacifique Makumpa-Isumbisho, Centre d’accompagnement des autochtones pygmees et minorites vulnerables (CAMV)

Pygmy Indigenous people are the first inhabitants of the Democratic Republic of the Congo. Unfortunately, these Indigenous people are facing three types of conflicts: internal ones, external ones and armed ones.

On the internal level, there are family conflicts (among brothers, between brothers and sisters, between a mother and her children, among co-wives, charges of witchcraft), conflicts between two ethnic groups or between Pygmy Indigenous organizations... In all these cases. Indigenous Pygmies use traditional methods of conflict resolution that consist in using parental or customary authority to effect a mediation that should result in reconciliation.

Some internal conflicts were generally due to survival activities. In the case of conflict between Indigenous organizations, the implementation of the Network of Pygmy Indigenous Associations of the DR-CONGO, "RAPY", was found to be important in the harmonization of the points of view of the Pygmy Indigenous Organizations of the DR-CONGO. External conflicts or conflicts between Indigenous Pygmies and non-Indigenous peoples could be observed during economic transactions (barter transactions) which often were unfair towards Indigenous peoples.

These conflicts could be settled peacefully.

On the external level, we must also notice conflicts between Indigenous peoples and state bodies. It is true for Indigenous Pygmies from the eastern part of the country who are deprived of their ancestral lands, without any kind of allowance or compensation, in order to create national parks or protected areas.

Once more, Indigenous peoples use peaceful methods of conflict resolution, i.e., administrative and legal negotiations.

The worst kind of conflicts that have involved Pygmy Indigenous people is armed conflict. They were accused of belonging to the opposing party by involved forces, and besides, their children, even under age, were forcibly enlisted in the army forces.

Several were killed at the front, others are still missing. During the same armed conflicts, Pygmy Indigenous people undergo abuses and cruel, inhuman and degrading treatment: looting, mass murders, kidnappings, every kind of the worst violence such as cannibalism, disembowelment of pregnant women, etc.

As can be noticed, conflicts between Indigenous peoples have always involved verbal violence rather than instrumental. Indigenous people have also never use firearms.

Considering the above, we recommend that: 1.Indigenous peoples: - Keep on preserving their cultural pacifist values and to favour their traditional means of conflict resolution. - To get involved as much as possible in the pacification process of the DR of the Congo. 2.The Transitional Government of the Democratic Republic of the Congo: - Speed up the process of reunification and integration of the army; - Involve indigenous organizations in the process DDRRR; - Write studies and publish books about indigenous traditional ways of conflict resolution; - Start a serious investigation on every case of cruel treatment (sexual violence, anthropophagy) of indigenous peoples and to punish the perpetrators. 3.The United Nations: - Support further the political Transition in the DR of the Congo and to crack down on any kind of act which would infringe on or start to infringe on this process; - To support Indigenous peoples in their fight to get compensation as a great part of their ancestral lands becomes world heritage; - To support Indigenous organizations in their programs aiming at fighting ignorance towards Indigenous peoples.

Contact: PACIFIQUE MUKUMBA CENTRE D'ACCOMPAGNEMENT DES AUTOCHTONES PYGMEES ET MINORITAIRES VULNERABLES "CAMV"

Tel: 00250 08532121 Fax : 00250 538334

Tanekegn Chimdi, OROMO/IGFM

Although, the Oromo constitute the majority (50, more than 30 million) of the population in Ethiopia, their participation in political, economic life of the Ethiopian empire was undermined since the date of colonisation by the Abyssinian at the end of 19th century. From Finfinne to Addis Ababa The history of Finfinne (Addis Ababa) in a way reflects the way the Oromo people were conquered, robbed off their land and properties, reduced to serfs and slaves, and kept under inhuman subjugation. Prior to colonization of Oromia, the present day Addis Ababa had an Oromo name - Finfinne. The name attests the abundance of hot springs ("hora" in Oromiffa) at the heart of the city, where cattle flourished. The area was solely inhabited by Oromo clans ofGulale, Eekka, Galan, Abbichu and was divided into 12 counties or districts: Each county was being administered by the local clan chiefs: like Tufa Mima and Dula Harra'and others., Jima Jatani, Guto Wasarbi, Jima Tikse t, Abeebe Tufa, Waree Golole, Tufa Araddo and Mojo Boxora. During the late 18th and early 19th Century, the neighbouring Amhara community were wedging incessant predatory raids and looting expeditions against these people. Some of these barbaric raids were documented by Major W. C. Harris a British diplomatic mission in his book "The Highlands ofAethiopia (1844)". In one of his vivid description he wrote "...rolling on like the mighty waves of the ocean, down poured the Amhara host among the rich glades and rural hamlets, at the heels of the flying inhabitants—tramping under foot the fields of the ripening corn, and sweeping before them the vast herds of cattle which grazed untended in every direction. When far beyond the range of vision, their destructive progress was still marked by the red flames that burst forth in turn from the thatched roofs of each village... they poured impetuously down the steep side of the mountain, and swept across the level .. .the troops, animated by the presence of the monarch, now performed their bloody work with a sharp and unsparing knife—firing village after village until the air was dark with their smoke mingled with the dust raised by the impetuous rush of man and horse." "The unfortunate inhabitants, taken by surprise, had barely time but to abandon their property, and fly [flee] for their lives....The spear of the warrior searched every bush for the hunted foe. Women and girls were torn from their hiding to be hurried into helpless captivity Old men and young were indiscriminately slain and mutilated among the fields and groves: flocks and herds were driven off in triumph, and house after house was sacked and consigned to the flames Such acts continued albeit at differing degrees by all the successive leaders of that country against the indigenous people that fell under their barbaric rule. Haile Melekot, Menilik, and then Haile Sellassie all perpetrated these similar inhuman deed against Oromo people in Finfine. The remaining part of Oromia came under Abyssinian colonial subjugation through similar barbaric acts of pillaging and butchery. Millions ofOromos were killed, brutally mutilated or sold as slaves during the wars of conquest. Oromo land was apportioned among royal family, the church and the military personnel and the Oromos were forced to serve them as serfs on their own land. At the height ofHaileselassie regime, the royal family and the nobility owned over 50 of Oromo land and 33 belonged to the Ethiopian Orthodox church. After the 1960s, Finfinne went through changes of migration that brought about the population explosion from 40,000 in 1900, to over 3 million at the end of the century. Today Finfinne (Addis Ababa) is a headquarters of many international organizations like African Unity (AU) and ECA; and different agencies like UNDP, UNICEF, UNHCR, FAO, ILF, ICO and ITU . It also hosts some 70 embassies and consular representatives. It is the main administrative, industrial and trade centre , In addition, the city is the centre of the nation's service and finance sectors.. Nevertheless, the city expanded through forced displacement and eviction of indigenous Oromo farmers without compensation. Most were resettled in remote areas infested with Malaria and other infectious diseases. Deforestation, air pollution and particularly of water from poor waste disposal system and disease and destruction of the cultural and religious relics oforomo people.are the reward these indigenous people in Finfine got from the growth of the City. The indigenous Oromo people attach a special significance to Finfinne, it is the heart land of Oromia where most of cultural sites for the major Gada gathering from all over Oromia take place: OdaNabe, In due recognition all these, the constitutional grants special rights to the people of Oromia, but the current repressive EPRDF regime more so aggravated life of the indigenous people through systematic decimation and uprooting of the indigenous from its place of abode in Finfine. The EPRDF and Finfinne After the fall of the Military regime in May 1991, a new constitution that was based on the respect of the rights of nations and nationalities to self-determination, and regional autonomy and decentralisation based on linguistic and territorial settlement was drafted. Above all the special right of the Oromo people and Oromia over Finfinne was ascertained and its boundaries delimited. However in 2000, the EPRDF passed unconstitutional resolution to move the capital city of Oromia from Addis Ababa to Adama. The resolution was unanimously opposed by the Oromo people from all comers of Oromia and all walks of life. Current developments and consequences Following this move, a peaceful demonstration was organised by the Macca and Tullam self help Association. The association declared openly the move as illegal and unconstitutional, because it opposes the federal constitution which recognizes Finfinne as the Capital city of Oromia. The brutality of the police that day, characterized the genetic code of EPRDF government against the indigenous peoples. Peaceful demonstrators were rounded up at different outposts of the city and beaten up severely by government security forces. Many, including elderly and women demonstrators were detained and humiliated. Consequent to this, five hundred University students were rounded up by police and were jailed in Kolfe- in police training camp. They were physically and psychologically tortured and 360 Oromo students were expelled from the University without any explanation. The protest against suspension of the university students and the change of the capital city was followed by widespread unrest all over Oromia mainly in the Universities and high schools for more than two months. Untold property and life were lost in the process. Most schools in Oromia were closed and were converted in to detention centres. Thousands of students and teachers even parents were put under arrest. Students were killed in towns like Ambo, Ginchi and Tukur Inchinni, Gimbi, Nakemte, Bushoftu and Maqi. Several hundreds were kidnapped and their where about still unknown. To further aggravate the situation of Oromo people in the Empire the only self-help association which was established in all respect of the constitution and laws of the country, the Macca and Tullama Association was banned , its leaders imprisoned and all its belongings were confiscated by the Government Police. The Macha and Tulama Association (MTA) is a civic organization established to promote socio-economic development in Oromia. It is not even a political organisation poised for election, but yet did not escape the heavy and harsh hand of EPRDF police. To further add insult to the injury a religious organisations of Oromo's -The Waqeffatta Association ( Monotheist religion similar mainly to Christianity and Islam) was banned and closed. This is also completely unconstitutional and illegal in that the state and religions are separate according to the constitution. As I am reporting this gross human right violation I have just received a report that some of the University students who escaped expulsion were barred from graduation after completion of their studies by force ofMeles Zenawi. This is just naked apartheid. Conclusions and recommendations Successive Ethiopian governments have attempted to completely eradicate the existence and the identity of the Oromo people and other southern nations and nationalities. Particularly indigenous Oromo's living in the surroundings of Finfinne has suffered the most and was made landless consequently forced for resettlement in a hostile environments. Gross abuses of human rights are common place on Oromo's in and around Finfine for they are the natural owners of the country from the time immemorial. The brutal activity of the rulers who all come from the north have aggravated and reached a level where human right abuses are a daily ordeal of the Oromo community in general. If these inhuman activity of the Government of Ethiopia is not averted in time, it could lead to a kind of genocide seen in parts of Africa like Darfur or Rwanda. Genocide of similar nature has already taken place in western parts of Ethiopia against the people of Gambella and Anuak as witnessed by the world community. I request the world community to stand in unison against such repressive regimes and uphold the right of the indigenous people who in most the case are defenceless and have little means to protect their right to exist because of indomitable greediness prevalent in some settler communities. I call upon the WGIP and Sub-commission to pressure the Ethiopian government to stop - Uprooting and eviction of Oromo farmers from the vicinity of Finfinne should be stopped. (Article 17 UDHR, Article 25 UDHR) - Forced removal of the capital city Oromia from Finfinne (Addis Ababa) without the consent of the Oromo people should be stopped, (Article 17 UDHR) - the natural resources, political and economic rights of the indigenous Oromo people over Finfinne (Addis Ababa) should be respected, (Article 1 (2) ICCPR, ICESCR) - All cultural heritages and values of the Oromo people around Finfinne and other cities in Oromia should be protected, (Article 27 ICCPR) - the right to self-determination of the Oromo people should be implemented for the peaceful end of the conflict between the Oromo people and the Ethiopian government as per to article 39 of the Ethiopian constitution and the common article 1 of the ICCPR and the ICESCR.

Abdus Salam Azad, Amity for Peace Statement not available

Yvo Peeters, Rehoboth Community of Namibia

I am speaking on behalf of Namibia, a founding member of IPAAC. We welcome the paper it is bad thing that Indigenous peoples life consists of enduring conflicts over a number of fundamental issues. The Indigenous peoples of Namibia under guidance in 1989 have been denied self determination, land use prohibited, traditional institutions undermined. I would like to emphasize three modes of conflict. Not only religious customs is a source of conflict. Experience learns that acceptance of customary law is not sufficient. A framework is necessary. Language and also literacy and education is crucial to the core identity of Indigenous peoples. The mere recognition in a declaratory way such as written down serves absolutely no purpose. Finally, I would like to stress the most fundamental that Indigenous peoples might have with the state. This is the right to exist and be recognized as such. It is indeed impossible for conflict resolution if the other party does not exist to recognize a people. All other rights derive therefrom. The denial of existence is the primary conflict to be resolved.

Stella Tamang, South Asia Indigenous Women Forum

1. Conflict Resolution for indigenous peoples means survival. It means our rights to survive with our visions, values, culture, language, wisdom, knowledge and of course our physical existence with our right to self determination in our land. Survival for us mean peaceful coexistence with dignity, respect, justice and peace.

2. Conflict Resolution means changes to balance the imbalance. To have change in one place, it demands changes in so many places of the world. In the globalize world, where the small and underdeveloped countries are trapped and are under the remote control of big developed countries, resolving conflict depends on the clearly define responsibilities of the powerful countries otherwise conflicts are not going to be resolved.

3. Mr. Chair, there is alarming situation where indigenous peoples are killed and are dying, and disappearing. In the name of Anti terrorist act, there are cases of indigenous activists being accused of terrorist and are arrested and killed and anti terrorist campaigns are being used to justify the violation of the human rights and fundamental freedoms of indigenous peoples. The landslide deteriorating situation of human rights violation need to be addressed as urgent actions to be taken. Mr. Chairman, I cannot go back to my peoples and say that we are going to have a Seminar on Conflict Resolution and a body is going to formed and so on when our peoples are dying now and today. There is need for immediate urgent actions to be taken. National Human Rights Commission almost is in non existence stage.

4. The present ongoing armed conflict is not the choice of the women and it is not their decisions too but the worst pain bearer of the conflict is ultimately the women and the children. While entire communities suffer the consequences of armed conflict and terrorism, indigenous women and children specially the girls are particularly the worst victims of gender-based and sexual violence, rape, forced prostitution, trafficking and forced recruiting in armed forces. We have a terrible incident of rape case in Manipur recently. Such sexual violence must be taken as war crime and those perpetrators must be brought to justice.

5. Women are always depicted and described as mere casualties of war, weak, defenseless needing protection and crying for sympathy. Mr. Chair, in all the conflict areas around the world, women are not passive observers and are just the victims. They are very active. Women are the best mediators and negotiators and their way of working in a nonviolent and very informal activities lay the ground for the formal serious peace dialogues. The present conflict in Nepal has discovered the indigenous women as 1. Negotiators, 2. Mediators, 3. Peacemakers, In this, I would say with confidence that the indigenous traditional conflict resolution practices are the most effective one. But the indigenous conflict resolution practices and indigenous women are never included in formal peace dialogues or peace initiatives.

6. In South Asia, specially in Nepal, indigenous youth and children are now more and more recruited and are forced to hold guns. Hundreds of teen age children in schools are now trained to use gun. Youths are fleeing and are encouraged to go to the countries in Middle East, Europe to escape since armed conflict is centered in and around indigenous land.

Recommendations: • Form International Indigenous Peoples' Commission on Armed Conflict • Undertake an annual review of the implementation of resolution 1325 (2000) and report to the Security Council • Educated indigenous peoples including women and children on existing mechanisms within the UN • Support and strengthen Nonviolent Peace Initiatives of Women Peace Makers that exist at various levels • Condemn the sexual violence and the violation of the human rights of indigenous women and girls in situation of armed conflicts; take necessary measures to bring to an end such violation and bring the perpetrator to justice • Ensure full involvement of indigenous women in negotiation of peace dialogue and agreements at national and international level • Identify indigenous peoples customs and traditions and informal peace-building

*Estebancio Castro Piaz, Indian Treaty Council

The origins of conflicts between Indigenous peoples, states and third parties is due to denial of SD, identity, land and resources. It is a pleasure to congratulate you on your working paper. My organization values your conclusion in your document on urgent need. In the society we all live in, the denial of treaties have given rise to conflict as it denies rights. I would refer to your study on treaties presented in 1999 and the seminar held in December 2003. Treaties should be implemented in the spirit they were included. In actual fact the manipulation of treaties. Mr. Chair, the adoption of the UN DDRIP is something we highly recommend to end existing and future conflicts.

Kenneth van Bik, Chin Human Rights Organization

I am Kenneth Vanbik and I represent Chin Human Right Organization.

On the one hand, I agree with you that the root cause of conflict in many indigenous areas is due to the State's refusal to recognize the rights of indigenous peoples.

On the other hand, I have reservation on your paper paragraph 18(1 quote), "the colonization of indigenous territories also negat