||OHCHR, Human Rights Officer
|Scholastica S. Kimaryo
||Resident Coordinator - Chair
|George K Mburathi
||OHCHR, Regional Representative
||UNIC, Officer in Charge
||OHCHR, Programme Officer
||OHCHR, Programme Officer
||OHCHR, Associate Expert
||ILO, National Programme
||UNDP, HIV/AIDS Focal Point
||UNHCR, M&E Advisor
||UNAIDS, Officer in Charge
||Resident Coordinator Executive
coordinator (RC) welcomed the Special Rapporteur (SR) and his team.
||The SR highlighted
the difficulty in defining the term “indigenous” in
. The government of
’s position is that all peoples not of European descent or of migrant
origin are indigenous. However, using the UN definition of indigenous,
certain groups because of their history (colonial/apartheid) have an
identity of their own that distinguishes them from others.
Nevertheless, the SR highlighted that being an indigenous people in a
country of indigenous peoples has policy implications. The
responsibility for defining “indigenous” is up to the government of
||The SR found that
no person he interviewed felt that his or her individual civil and
political rights were not being met. However, there were concerns
with regard to economic, social and cultural.
three main issues affecting the rights of indigenous people in
the SR noted were:
- Land -
The land settlement act makes
a cut off point of 1913 – as in only those whose land was taken
from them after 1913 have the right to claim for restitution. The
Khoi-San consider this to be an injustice, as their land was taken
from them in the 19th Century.
- Access to
Social Services – Social Services are to address
the needs of the poorest peoples without distinction. The
Khoi-San feel that as they do not fall below the poverty cut off
point, their needs are not being adequately served. There is a
need for disaggregated statistics that would show their status vis-à-vis
other poor people.
- Education -
At issue is to what point are indigenous languages to be used in
education, when so few people speak them. Moreover, many
parents prefer that their children be taught in English. There
is not a clear government policy with regard to indigenous
Opportunities - Indigenous peoples interviewed felt that the
government was not delivering as fast as it should.
||The SR will
elaborate upon the findings of his mission in a report to be submitted
to the Commission on Human Rights in April 2006. It will also include
recommendations and proposals.
||The current CCA
process offers an opportunity for indigenous rights to be included in
the 2007-2011 UNDAF for
. Representatives from indigenous groups could be invited to the
||The UN System in
is supporting Stats SA, the government agency compiling the MDG report
. The issue of Indigenous rights should be raised in the executive
summary, noting that there is no data. That the government
invited the SR, highlights that the government are interested in
||The 2006 Human
Development Report for
is to be focused on Service Delivery Optimisation. The four issues
highlighted by the SR are very relevant to the service delivery debate.
are to be included on the agenda of the UNDP’s all-day meeting on
service delivery optimization on
15th August 2005
||The ILO may be
undertaking a mission to
in the near future and is awaiting an invitation from the Government of
SA. The SR asked to encourage the government of
to sign and ratify ILO Convention 169 concerning the indigenous and
tribal peoples in independent countries.
||It was noted that
the UN System in
does not have a human rights based approach to programming. The
OHCHR and UNICEF are due to hold all-staff training on human rights in
September – the date of which will be confirmed. The UN in
should help the OHCHR to do its work. There is a need to establish
strategic partnerships, most notably with the Ministry for Justice.
||The SR asked that
colleagues provide him with any information that they may have on
indigenous rights that will help him to write his report.