E/CN.4/2002/97 page 10 indigenous peoples have been victims of discrimination for centuries and affirm that they are free and equal in dignity and rights and should not suffer any discrimination, particularly on the basis of their indigenous origin and identity, and … stress the continuing need for action to overcome the persistent racism, racial discrimination, xenophobia and related intolerance that affect them” (para. 39). They also “emphasize that, in order for indigenous peoples freely to express their own identity and exercise their rights, they should be free from all forms of discrimination, which necessarily entails respect for their human rights and fundamental freedoms” (para. 42). 21. However, even though a number of paragraphs in the Durban Declaration specifically refer to indigenous peoples, the text has been harshly criticized by indigenous representatives who claim that it is discriminatory. To the extent that the use of the term “indigenous peoples” in the Declaration “… is in the context of, and without prejudice to the outcome of, ongoing international negotiations on texts that specifically deal with this issue …” (para. 24), indigenous representatives expressed their dismay at what they felt to be a denial of their human right to be considered as “peoples” equal to other peoples in the world. Another problematic formulation is paragraph 43, which deals with land rights (see below). Indigenous representatives feel that the Durban Declaration and Programme of Action fall short of expectations on indigenous rights and could actually be considered a step backwards as far as human rights standards are concerned. D. Declarations and guidelines of various international bodies 1. United Nations treaty bodies 22. The Special Rapporteur notes the emerging jurisprudence of the treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, and the Committee on the Elimination of Racial Discrimination, all of which have made specific recommendations relevant to indigenous peoples. 2. UNESCO 23. During the 1990s, UNESCO organized a number of international seminars and adopted resolutions and recommendations regarding rights and policies involving indigenous peoples within the organization’s areas of competence, that is, principally education, culture, science and communications, with emphasis on the fields of bilingual education, language rights, indigenous knowledge and the use of the media to protect and stimulate indigenous cultures. UNESCO has been instrumental in developing a number of legal instruments, notably the Universal Declaration on Cultural Diversity adopted in November 2001. Article 4 of the Declaration specifically underscores that the conservation of cultural diversity will be a fundamental ethical precondition to the promotion of human rights and fundamental freedoms, particularly those of minorities and indigenous peoples. 3. World Health Organization 24. WHO has become involved in issues dealing specifically with the health of indigenous people. In 1999, the International Consultation on the Health of Indigenous Peoples adopted the Geneva Declaration on the Health and Survival of Indigenous Peoples, acknowledging that the