E/CN.4/2002/97 page 36 26 Ethnocide is a process of cultural change and destruction as a result of specific policies that undermine a cultural community’s ability for self-preservation. 27 African Commission on Human and Peoples’ Rights, “General guidelines regarding the form and contents of reports to be submitted by States members regarding the meaning, scope and weight of the ‘rights of peoples’ recognized by articles 17 (2), 19 to 20 of the Charter”, 1990, pp. 417-418. 28 Barney Pityana, The African Commission on Human and Peoples’ Rights and the Issue of Indigenous Peoples, Indigenous Affairs, International Work Group on Indigenous Affairs (IWGIA), No. 2/1999, p. 49. 29 Statement of the Committee on Indigenous Health (COIH) to the WGIP, July 2001. 30 See E/CN.4/Sub.2/2001/17. The twentieth session of the WGIP will be devoted to further discussion of this topic. 31 David A. Daoas, “The rights of the cultural communities in the Philippines”, “… Vines that won’t Bind …”, Proceedings of a Conference held in Chiang Mai, Thailand, 1995, IWGIA Document 80, 97-107, 102-103. 32 Regarding the legal status of the Draft United Nations declaration, Professor Paul Chartrand considers that it “can be viewed as a restatement of the law, and not new law as such. For example, articles 1 to 3 clearly reiterate the existing international covenants, and clarify their applicability without discrimination to indigenous peoples” (personal communication, 28 November 2001). 33 Miguel Alfonso Martínez, Special Rapporteur of the Sub-Commission, Study on treaties, agreements and other constructive arrangements between States and indigenous populations (E/CN.4/Sub.2/1999/20). Other States also signed treaties with aboriginal nations, notably Chile and New Zealand. 34 E/CN.4/Sub.2/1986/7/Add.4, para. 20. 35 Report on the Seminar on “Multiculturalism in Africa: peaceful and constructive group accommodation in situations involving minorities and indigenous peoples” (Arusha, 13-15 May 2000) (E/CN.4/Sub.2/AC.5/2000/WP.3, para. 31). 36 37 Jensen and Dahl, Editorial in Indigenous Affairs, IWGIA, No. 2/1999, p. 2. Fifteenth annual activity report of the African Commission, Banjul, the Gambia, October 2001.

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