Press Release

Joint Statement by Australia, New Zealand and the United States of America
on the Chair’s text for the Declaration on the Rights of Indigenous Peoples

Human Rights Council

27 June 2006

Mr President, this is a joint statement by Australia, New Zealand and the United States of America.
We are deeply disappointed that it has not yet been possible to reach consensus on a text for the Declaration on the Rights of Indigenous Peoples.

We thank the Chair of the Working Group for his unflagging efforts. His text, prepared after the last Working Group meeting concluded, provides a basis for further work.

But there has not yet been an opportunity to discuss it collectively. To adopt it without such an opportunity would be extraordinary in multilateral negotiations and would set a poor precedent for the work of this Council.

The current text is confusing, risking conflicting interpretations and debate in its application. For example, the provisions for self-determination and for lands and resources are unworkable. Others are potentially discriminatory. “Indigenous peoples” are not defined. This means separatist or minority groups with traditional connections to the territory where they live – across the globe - could exploit this declaration to claim the right to self-determination, including exclusive control of territorial resources.
NGO’s argued forcefully against language limiting the right of self-determination, to safeguard the political and territorial integrity of states. Can States wanting to adopt this text accept it in the absence of such safeguards?

Australia, New Zealand and the United States want a declaration that is a tangible and ongoing standard of achievement, universally accepted, observed and upheld with political and moral force. Indigenous peoples deserve no less.

Adoption of this text risks a declaration that could be undermined, disowned or even reversed in its intent, through lengthy interpretive statements.

This text is not as good as we could get. It is within our reach to adopt a quality instrument, but to achieve that, States need more time to resolve their differences. One way forward might be the appointment of a facilitator or a friend of the Council, to undertake consultations to narrow the gaps on the most contentious provisions in the text, and report back to the Council.

Mr President, this declaration must be based on genuine agreement, consistent with international law, non discriminatory, capable of being implemented and able to stand the test of time.

Thank you Mr President.