US embassy cable - 04WELLINGTON769

UNCLAS SECTION 01 OF 02 WELLINGTON 000769 
 
SIPDIS 
 
STATE FOR EAP/ANP AND IO/UNP 
 
E.O. 12356: N/A 
TAGS: AORC, PHUM, PREL, NZ 
SUBJECT: NEW ZEALAND TO TABLE AMENDMENTS TO DRAFT 
DECLARATION ON RIGHTS OF INDIGENOUS PEOPLES 
 
 
SUMMARY 
------- 
 
1.   The New Zealand Ministry of Foreign Affairs and Trade 
on August 31 unveiled changes to the draft declaration on 
the Rights of Indigenous Peoples that it intends to propose 
to the UN Working Group in Geneva. The Ministry, which will 
table the amended text the week of September 13, said it 
aimed to keep the changes to a minimum, in an effort to 
allow for successful implementation by all member states. 
Its key concerns included ensuring that the text was 
consistent with human rights laws, that it addressed 
potential conflicts between individual and collective human 
rights, and that third-party rights were fully protected. 
 
2.   The Ministry says that the aforementioned views are 
widely held by other member nations.  Ministry officials 
anticipate strong support for their proposed changes and say 
that they should not come as a surprise to the U.S. 
Government. 
 
PROPOSED AMENDMENTS 
------------------- 
 
3.        The proposed text amendments were developed in 
consultation with the Norwegian Government.  They will be 
tabled at the UN Working Group as a joint initiative by New 
Zealand, Norway, Finland, Denmark, Iceland, Sweden and 
Switzerland. 
 
4.        In Article 3, which addresses issues of self- 
determination and lands and resources, the Ministry has 
proposed several amendments to ensure the safeguarding of 
territorial integrity and unity of the state. Included is 
the proposed addition, to Article 3, of two paragraphs from 
the 1993 Vienna Declaration and Program of Action. 
 
5.        Articles 25 and 26 address indigenous issues in 
relation to land and resources.  The Ministry has proposed 
minor amendments, and deletion, to various text. Despite 
this, the Ministry maintains that deletion of some text does 
not lessen the importance of these articles but conversely 
underlines the fact that, in regards to human rights and 
land and resources, "one size does not fit all." 
 
6.        Other proposed amendments involve minor language 
changes and, of note, involve articles to do with policy- 
making. 
 
NEXT STEPS 
------------------ 
 
7.        The Ministry's proposed changes to the draft 
declaration will be formally tabled at the next UN Working 
Group session to be held in Geneva the week beginning 
September 13. 
 
8.        It is hoped that at this meeting the Director of 
the UN Working Group will accept the amendments in order for 
the declaration to be officially adopted and changed into UN 
language for implementation.  It is also hoped that those 
countries that have been blocking progress on the proposed 
amendments will show their support. 
 
9.        The final Working Group meeting for the year will 
be held in late November or early December. 
 
10.  The amendments were discussed in a briefing to invited 
representatives of the Australian, Canadian and U.S. 
missions in Wellington. 
 
 
 
 
OVERVIEW 
-------- 
 
11.  The issue of human rights of indigenous peoples has 
particular relevance to New Zealand because of the 
indigenous Maori, who compose about 15 percent of the New 
Zealand population. The proposed amendments to the draft 
declaration that New Zealand will table mark the culmination 
of 10 years of consultation, debate and negotiation. The New 
Zealand Government hopes that unanimous support of its 
amendments will bring this text to closure and achieve the 
changes that are necessary to ensure that individual 
countries live up to their laws regarding indigenous peoples 
and for states to formally adopt the declaration. 
 
12.  The proposed amended text with explanatory notes will 
be faxed to EAP/ANP and IO/UNP. 
 
Swindells