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general situation of indigenous rights and current trends, with particular emphasis
on the situation of indigenous women and children. Issues relating to the protection
of the human rights of indigenous peoples in Asia were also discussed and, in that
context, the Special Rapporteur submitted a paper on the human rights situation of
indigenous peoples in that region (E/C.19/2007/CRP.11). As on other occasions, he
has stayed in contact with Government delegations, indigenous organizations and
international agencies, which has allowed him to continue gathering information on
developments affecting the human rights situation of indigenous peoples in specific
countries and regions and to identify priority areas of action for the future. He takes
the view that coordination between the Permanent Forum and the Special
Rapporteur regarding the promotion and protection of the human rights of
indigenous peoples is of the utmost importance.
IV. The situation of the rights of indigenous peoples in Asia
44. During the period under review the Special Rapporteur collected information
from various sources on the situation of the human rights and fundamental freedoms
of indigenous peoples in Asia; some of the activities described above were helpful
in that regard. The situation of indigenous peoples, which represent tens of millions
of individuals and are present in virtually all the countries of the region, has long
been neglected and has only recently begun to be considered at the international
level. One reason for the lack of a comprehensive analysis of the human rights
problems faced by these peoples is the history of differences between Asian States
in terms of how their laws and public policies refer to these peoples and define their
legal status. Thus, while States such as Cambodia, Nepal and the Philippines
explicitly use the term “indigenous”, which is now used in international discourse
on the subject, other countries have traditionally used different expressions, such as
“tribal peoples” and “hill tribes”, as well as similar expressions in local languages,
such as Adivasis or Orang Asli, which refer to the idea of aboriginality. In other
countries the legal and constitutional treatment of these peoples is not noticeably
different from that of other minority groups; rather, they are subsumed under the
category of “ethnic minorities” or “national minorities”.
45. Irrespective of these variations, what these peoples have in common with
indigenous peoples in other parts of the world is a set of cultural, social and
economic characteristics that make them particularly vulnerable to marginalization
and discrimination by majority sectors of the population in the countries they
inhabit, exclude them from decision-making processes at all levels in their own
countries and make them victims of systematic human rights violations.
46. The indigenous peoples of Asia are experiencing serious human rights
violations as a result of the loss of their ancestral lands and territories. This process
has gained momentum in recent decades and, in some cases, puts these peoples at
risk of disappearing completely as peoples. The factors driving this process include
the new push for large-scale plantation agriculture, especially in Indonesia,
Malaysia and other South-East Asian countries, and the dramatic pace of
deforestation as a result of State concessions and illegal logging. Peoples whose
cultures and subsistence are inextricably linked to forests are particularly vulnerable
to these processes, and in most countries they lack any means of defending their
rights against State claims of ownership of forest areas.
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