Report from the Commission to the Council - Review of progress of working with indigenous peoples
Date: 2002-06-11
Institutions: European Commission
Subjects: EU policy, cooperation policy, development aid, environmental protection, human rights, indigenous population, protection of minorities, rights of minorities, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.6.2002
COM(2002) 291 final

REPORT FROM THE COMMISSION TO THE COUNCIL

Review of progress of working with indigenous peoples

REPORT FROM THE COMMISSION TO THE COUNCIL

Review of progress of working with indigenous peoples

TABLE OF CONTENTS

Introduction ........................................................................................................................... 3

1.

1.1.

1.2.

2.

2.1.

2.2.

2.3.

3.

4.

Working towards the goals of the Resolution............................................................ 4

Recommendations of the Council Resolution and Commission Working Document . 4

Opportunities and challenges encountered in implementing the Resolution............... 4

Progress realised in implementing the Resolution ..................................................... 5

Integrating concern for indigenous people into policies, programmes and projects.... 5

Consultation with indigenous people ...................................................................... 12

Support for indigenous peoples in priority areas ..................................................... 14

Further action required ........................................................................................... 17

Conclusions............................................................................................................ 17

2

Introduction

The European Union believes that building partnerships with indigenous peoples is essential
to fulfil the objectives of poverty elimination, sustainable development, and the strengthening
of respect for human rights and democracy. The EU has in recent years significantly enhanced
its policy framework and positive actions in promotion and protection of the rights of
indigenous peoples, and the European Parliament and the Council have played an important
role in the development of this support.

In June 1997 the Development Council invited the Commission to present a policy paper on
indigenous peoples, and a Working Document was
cooperation with, and support for,
produced by the Commission in May 1998 (‘the Working Document’), setting out general
orientations for the support of indigenous peoples in the framework of the development
cooperation of the Community and Member States.1 The EU’s commitment to such support
was reaffirmed by a Development Council Resolution of November 1998 (‘the Resolution’),
which invites the Commission, with Member States and in cooperation with indigenous
peoples, to develop ways of practically implementing the policy outlined in the Working
Document.2 The Resolution also requests that the Commission report back to the Council with
a review of progress in working with indigenous peoples.

This report sets out such a review. Although originally intended for the last quarter of 2000,
more time has been required to complete the report fully. For example, the reform of the
management of external assistance, while providing the basis for a more efficient delivery of
assistance, involved extensive reorganisation of Commission services, with a significant
impact on planned activities, including those related to the support of indigenous peoples.
Further considerations included the extensive research required to locate project information
relevant to indigenous peoples. With no central database in the Commission on actions
involving indigenous peoples, and a lack of clear reference to the impact of many projects on
this groups, substantial coordination and analysis was required to assess the extent to which
different actions, managed by several services of the Commission under different budgetary
instruments, affected indigenous peoples.

In preparing this report, the Commission took the opportunity to consult widely with
indigenous peoples’ organisations, in addition to its own staff in Delegations, to establish
their views of progress achieved on the ground. Given the original time-frame of the intended
review, and the nature of the research involved, the report focuses on those activities which
the Commission decided to finance between 1998 and 2000. The report highlights the key
recommendations of the Resolution and the Working Document, and the opportunities and
problems encountered in working towards these goals. Against this background, the report
assesses the progress achieved so far and, importantly, the work which remains to be done.

1

2

Working Document of the Commission of 11 May 1998 on support for indigenous peoples in the
development co-operation of the Community and the Member States, SEC(1998) 773 final.
Development Council Resolution of 30 November 1998 on Indigenous peoples within the framework of
the development cooperation of the Community and the Member States, 13461/98

3

1.

1.1.

WORKING TOWARDS THE GOALS OF THE RESOLUTION

Recommendations of
Document

the Council Resolution and Commission Working

It underlines the positive contribution of

The Resolution acknowledges the importance attached by indigenous peoples to the shaping
of their own social, economic and cultural development and cultural identities: their ‘self-
development’.
indigenous peoples to the
development process, but also their particular vulnerability and the risk that development
programmes may disadvantage them. The Resolution calls for integrating concern for
indigenous peoples as a cross-cutting aspect of all
levels of development cooperation,
including policy dialogue with partner countries. It further proposes enhancing the capacity of
indigenous peoples’ organisations to take an effective part in the planning and implementation
of development programmes. A central recommendation of the Resolution is that
the
Commission develops practical ways of implementing the comprehensive policy set out in the
Working Document.

Taken together, the Resolution and the Working Document propose concrete guidelines for
the support of indigenous peoples by the Community and Member States. These include
integrating concern for indigenous people into policies, programmes and projects; consulting
indigenous people on policies and activities which affect them; and providing support for
indigenous peoples in key thematic areas. These orientations are set out in more in Section 2
below, together with an assessment of the progress achieved towards these goals.

1.2.

Opportunities and challenges encountered in implementing the Resolution

The period since 1998 has been a time of major transition for the Commission, and this has
in the Resolution. The
impacted on the pace of progress towards the goals set out
reorganisation of Commission services, following the reform of the management of external
assistance, presented both a unique opportunity and a formidable challenge.3 The reform
the management of
proposed wide-ranging changes in the programming of assistance,
projects, which reunited the project cycle in one new service, EuropeAid, and devolved more
management functions to delegations. The process represented a substantial administrative
undertaking, involving the transfer of staff between services, and the establishment of new
this ‘radical overhaul’ provided an
areas of responsibility between services. However,
opportunity to streamline the provision of assistance, to improve lines of Communication
between Commission services, and consolidate expertise on key horizontal issues such as
indigenous peoples.

The fact that this is a relatively new policy area for the EU represented a further challenge in
working towards the goals of the Resolution. The task of beginning to mainstream an issue
such as this throughout the wide range of policies and programmes of the EU required a
systematic appraisal, firstly, of the large range of activities where concern for indigenous
peoples is already taken into account, and secondly, of those activities which may have a
potential impact on this group. With no central database on actions involving indigenous
peoples, a lack of clear and consistent reference to this group in project descriptions, and the
shifting of administrative responsibility for relevant projects and programmes, uncovering the
acquis involved a significant amount of methodical research. The evolving nature of this area
the Commission to be ambitious in its
however also provided the opportunity for

3

See: http://europa.eu.int/comm/external_relations/reform/intro/index.htm

4

implementation of the Resolution; to consult widely with indigenous peoples and fund a
broad range of research and pilot projects to help identify the most appropriate activities.

2.

PROGRESS REALISED IN IMPLEMENTING THE RESOLUTION

Firstly, it is important to have an overview of the scale of Commission activities concerning
indigenous peoples, and the different instruments involved. Between 1998 and 2000,
21.9
million was allocated to projects directly benefiting indigenous peoples, from budget lines
including, B7-6000 (NGO Co-financing), B7-6200, B7-6201 and B7-8110 (Environment and
tropical forests), B7-7 (EIDHR-Democracy and human rights) and the ECHO budget line
B7-210. Although actions under, for example, EIDHR are not part of traditional development
cooperation, they are complementary to such programmes and make a significant contribution
to the promotion and protection of the rights of indigenous peoples.

€

Allocation by budgetary instrument 1998-2000

8.000.000

7.000.000

6.000.000

5.000.000

4.000.000

3.000.000

2.000.000

1.000.000

0

€

Allocation

B7-6200

B7-6201

B7-7

B7-8110

B7-6000

B7-210

1.911.202 5.714.417 5.800.022

87.401

7.378.325 1.000.000

Each sub-section below sets out in detail how far the Commission has progressed in the
principle areas identified by the Resolution and the Working Document. The Resolution and
the Working Document propose concrete guidelines for the support of indigenous peoples by
the Community and Member States, including integrating concern for indigenous people into
policies, programmes and projects; consulting indigenous people on policies and activities
which affect them; and providing support for indigenous peoples in key thematic areas.

2.1.

Integrating concern for indigenous people into policies, programmes and
projects

• Integrate concern for indigenous peoples in procedures, guidelines and handbooks

The Commission has been broadly successful in mainstreaming concern for indigenous
peoples in a range of different regulations, procedural documents and guidelines. Measures in
favour of indigenous peoples have been specifically incorporated into, for example, the

5

Regulation on the environmental dimension in the development process, the Regulation on
the co-financement of NGOs and the Regulations on human rights.4

The revised ‘Environmental Integration Manual’ will emphasise the importance in project
design of including the claims and rights of indigenous peoples to specific geographic areas
such as ‘protected areas’ and sensitive environments, the need to monitor the effects of
projects on indigenous community lifestyle and values, and to protect indigenous knowledge.5
The manual underlines the significance of ‘biodiversity’ for development projects and
indigenous peoples. The Commission is convinced that biodiversity and the productivity of
natural ecosystems are essential for the livelihoods of many indigenous peoples. In its
Communication on the Biodiversity Action Plan for economic and development co-operation,
the Commission states that, more support is required to safeguard the rights of local and
indigenous communities and to bring benefits to them.6

Forests have deep cultural meaning for indigenous peoples and are vital to their livelihoods.
The Commission Communication on Forests and Development establishes that indigenous
peoples must be involved in policy development and implementation of actions.7 The
Communication proposes that Community actions should include providing support for the
recognition of the customary rights of indigenous peoples, promoting information, exchange
of experience and research concerning land tenure systems and indigenous peoples’ property
rights. The Commission has also published ‘Guidelines concerning forests in sustainable
development’, which make clear that ecosystems and biodiversity can only be conserved if
there is a consensus among the stakeholders, including indigenous forest communities.8 The
guidelines confirm that the Community will in no circumstances provide funding support for
evictions of indigenous peoples, and propose that support should focus on developing training
materials adapted to local conditions and building on indigenous knowledge and practice,
which, where relevant, should be incorporated into project design.

In its Working Paper on Integrating the Environment into EC Economic and Development
Cooperation, the Commission suggests policy options and technical recommendations to
reduce the environmental impact of development activities and that strategies for sustainable
livelihoods should therefore be incorporated into partner countries' sectoral policies,
strategies, and programmes.9 The paper cites relevant examples as the promotion of
community-based natural resource management systems, and the promotion of equitable
access to, and use of, resources in particular for indigenous people. Concern for indigenous
peoples has also been integrated into Commission Guidelines on development cooperation

4

5

6

7

8

9

Council Regulation (EC) No. 2493/2000 of 7 November 2000, OJ L 288, 15/11/2000; Council
Regulation (EC) No. 1658/98 of the Council of 17 July 1998, Council Regulations 975/99 and 976/99
of 29 April 1999, OJ L 120 of 8 May 1999
The draft new manual entitled ‘Integrating environment concerns into development and economic
cooperation’, prepared by DG Development, will replace the ‘Environmental Impact Assessment –
Guidance Note’ of April 1997
Communication from the Commission to the Council and the European Parliament on biodiversity
action plan for economic and development co-operation, COM (2001) 162
Communication from the Commission to the Council and the European Parliament on Forests and
Development: the EC approach, COM (1999) 554
Guidelines for forest sector development co-operation: Forests in Sustainable Development, Volume 1,
Strategic Approach, European Commission, Catalogue Number CF-62-96-001-C, available at:
http://europa.eu.int/comm/development/forests/en/entc.htm
Commission Staff Working Paper on integrating the environment into EC economic and development
cooperation, SEC (2001) 609, Brussels 10.4.2001

6

concerning sustainable water resources.10The guidelines propose that projects should take into
account local knowledge, cultural values and indigenous practices. They emphasise the value
of international NGOs working as operational partners with local NGOs and indigenous
peoples organisations. The Community has provided funding for these guidelines to be
disseminated in ACP countries.11

Integrating concern for indigenous peoples extends beyond the policies and programmes of
traditional development cooperation. The European Initiative for Democracy and Human
Rights (EIDHR), Chapter B7-7 of the EU budget, has contributed significantly to the
promotion and protection of the rights of indigenous peoples. Between 1998 and 2000,
€
5.8 million was allocated to projects in support of indigenous peoples. The importance of
this issue for EIDHR was reaffirmed by the Commission Communication on the EU’s role in
(‘the Human Rights
promoting human rights
Communication’).12 The Human Rights Communication establishes combating discrimination
against indigenous peoples as a main thematic priority for 2002 and the medium term. This
concern has been reflected in the programming document for EIDHR, which sets aside
€

and democracy in third countries

15 million for such activities in 2002-2004.13

• Include indigenous peoples’ issues in the policy dialogue with recipient countries

The EU has acted on the suggestion of the Resolution to include indigenous peoples’ issues in
the policy dialogue with partner countries. For example, at the EU-Latin America Summit in
June 1999 (the Rio Summit), the parties agreed to put into practice joint programmes and
adopt national measures to:

‘promote and protect the rights of indigenous populations, including their right to
equally participate in and enjoy the opportunities and benefits of political, economic
identities, cultures and
respect
and social development, with full
traditions.’14

their

for

The parties also agreed to promote cooperation aimed at enhancing opportunities for
indigenous populations to participate in the planning and implementation of social and
economic development programmes.15 The Framework Agreement on Cooperation between
the European Economic Community and the Cartagena Agreement and its member countries,
namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the
Republic of Peru and the Republic of Venezuela also stresses the importance of the promotion
and protection of the rights of indigenous peoples.16

10

11

12

13

14

15

16

Guidelines for water resources development cooperation - Towards sustainable water resources
management, European Commission, 1998, Catalogue number: CF-16-98-966-EN-C, available at:
http://europa.eu.int/comm/development/publicat/water/en/frontpage_en.htm
HR Wallingford Ltd, ‘Dissemination of the Guidelines for Water Resources Development Cooperation,
Project No. 98-24/ENV/VII, Budget Line B7-6200
Communication from the Commission to the Council and the European Parliament on the European
Union’s Role in Promoting Human Rights and Democratisation, of 8 May 2001, COM (2001) 252
European Initiative for Democracy and Human Rights Programming Document 2002-2004, of
07/12/2001, SG Reference: E/2001/2728
The Declaration of Rio de Janeiro, paras. 3,16, see:
http://www.europa.eu.int/comm/external_relations/la/rio/sum_06_99.htm
ibid, paras; 35,44
The Framework Agreement on Cooperation between the European Economic Community and the
Cartagena Agreement and its member countries Article 20, OJ L 127 , 29/04/1998 p. 0011 - 0025).

7

The EU’s dialogue in the framework of the Conference on the Northern Dimension (a
dialogue on the external and cross-border policies of the European Union covering the Baltic
Sea region, Arctic Sea region and North West Russia) has also addressed concern for
indigenous peoples. At the Helsinki conference of November 1999 specific reference was
in Northern Dimension
made to increasing attention to arctic indigenous peoples
cooperation.17 Foreign ministers agreed that the rights and interests of arctic indigenous
peoples should be respected, with particular reference to the environment and management of
natural resources. The EU also conducts a regular policy dialogue with Canada. In the
framework of future cooperation, the European Commission and Canada agreed to consider
jointly supporting a conference and a number of related activities on the relationship between
forestry, sustainable development and indigenous peoples.18

indicative
Dialogue in the context of negotiating country strategy papers and national
programmes should not be overlooked. Particular types of intervention, including capacity
building for indigenous peoples’ organisations are specified in such documents, for example
between the EU and Botswana.19 In the Country Strategy Paper and National Indicative
Programme for Brazil, indigenous peoples’ concerns are recognised as a cross-cutting concern
of the poverty programme in the Northern and North-Eastern regions.20 Similarly, in the
Country Strategy Paper and National Indicative Programme for Paraguay, attention is drawn
to violations of the rights of indigenous peoples, who:

“…are the most vulnerable and their situation is unequal
education, job, land, and social integration.”

in terms of health,

Under the financial and technical cooperation set out in this programme, specific support to
indigenous and peasant communities in the Chaco, and for decentralised projects addressing
water supply in favour of indigenous and peasant communities.

In the regional context, a framework cooperation agreement with the Republics of Costa Rica,
El Salvador, Guatemala, Honduras, Nicaragua and Panama commits the parties to establish
cooperation aimed at preserving biological diversity, based on inter alia, the interests of
indigenous peoples.21

Similarly, a framework cooperation agreement with the Republics of Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua and Panama commits the parties to establish cooperation
aimed at preserving biological diversity, based on inter alia, the interests of indigenous
peoples.22 Co-operation on social affairs and poverty geared at indigenous peoples is also
included in the partnership agreement with Mexico.23

17

18

19

20

21

22

23

Foreign Ministers’ Conference on the Northern Dimension, Helsinki, 11-12 November 1999,
Conference report available at:
http://europa.eu.int/comm/external_relations/north_dim/conf/formin1/index.htm
EU-Canada Summit, Stockholm, 21 June 2001, Conference report available at:
http://europa.eu.int/comm/external_relations/canada/sum06_01/north.htm
Available at: http://www.cc.cec/home/dgserv/dev/iqsg/files/orig_csp/bw_csp.pdf
Available at: http://www.cc.cec/home/dgserv/dev/iqsg/files/orig_csp/bv_csp.pdf
Framework cooperation agreement between the European Economic Community and the Republics of
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, OJ L 063
Framework cooperation agreement between the European Economic Community and the Republics of
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, OJ L 172 of 30.06.1986
Economic Partnership, Political Coordination and Cooperation Agreement between the European
Community and its Member States, of the one part, and the United Mexican States, of the other part -
OJ L 276, 28/10/2000

8

The EU also raises concern for indigenous peoples at international forums such as the UN
Commission on Human Rights and the UN General Assembly. At the 57th UN Commission
on Human Rights, the EU Presidency emphasised that the human rights of indigenous people
should be fully respected in all circumstances.24 The EU encouraged in particular the Mexican
Government to continue to strengthen its efforts to end discrimination against indigenous
peoples and to actively promote their full enjoyment of human rights. At this Commission, all
EU countries supported a resolution tabled by Denmark recommending to ECOSOC that a
permanent forum for indigenous peoples should be created.

At the global level, the EU actively participates in the work of the Ad Hoc Open-ended
Working Group on Article 8 (j) of the Convention on Biological Diversity (CBD) and related
provisions. This Article requires Parties to respect, preserve and maintain knowledge,
innovations and practices of indigenous and local communities embodying traditional
lifestyles relevant for the conservation and sustainable use of biological diversity. The Ad
Hoc Working Group has made progress in the implementation of the Work Programme by,
inter alia, adopting Draft Recommendations for the conduct of cultural, environmental and
social impact assessment regarding developments proposed to take place on, or which are
likely to impact on, sacred sites and on lands or waters traditionally occupied or used by
indigenous and local communities. The input of the EU was decisive in achieving this result.

Furthermore, also in the framework of the CBD, the EU has been one of the most active
promoters of the development of the Draft Bonn Guidelines on Access to Genetic Resources
and Fair and Equitable Sharing of the Benefits Arising out of their Utilisation. The scope of
these Guidelines includes all genetic resources and associated traditional knowledge,
innovations and practices covered by the CBD. They aim at ensuring that the principles of
‘prior informed consent’ and ‘mutually agreed terms’ are duly respected when access to
genetic resources or to traditional knowledge of indigenous people or local communities is
sought.25

• Systematically monitor projects affecting indigenous peoples

Monitoring and evaluation should be an essential component of any project cycle. The
Communication on Human Rights underlines the crucial
importance of monitoring,
evaluating and assessing the impact of projects, setting out that the Commission will develop
a methodology of human rights impact assessment for cooperation projects and programmes
and will monitor the impact of individual programmes and projects on human rights,
encompassing, of course, the rights of indigenous peoples. The Commission guidelines on
sustainable water resources management establish that projects should specify indicators of
social impact and means for their monitoring and analysis, and that systems should be
established to monitor the social, economic and environmental impacts of the project. This
requires that
the evaluation of projects during
implementation and subsequent operation have been clearly defined. The Communication on
the Biodiversity Action Plan also sets out the need for impact assessment. It suggests, in
particular, building the capacity of national and local institutions to carry out and evaluate
environmental impact assessments to ensure that biodiversity is incorporated into different
policies and programmes.

suitable performance indicators

for

24

25

Statement of the EU Presidency under Item 7, 57th UN Commission on Human Rights, 19 March –27
April 2001
Both the above mentioned Recommendations and the Bonn Guidelines are due for final adoption by the
Sixth Conference of the Parties to the CBD in April 2002 in The Hague

9

The Commission Environmental Integration Manual will emphasise the importance of
monitoring the impact of projects to establish if they adversely or seriously affect land use,
community lifestyle and values, and indigenous peoples. It sets out a detailed methodology on
how to identify impact on ‘baseline environmental conditions’. Adverse impacts concerning
indigenous communities can include loss of land, loss of livelihood, alteration or loss of
traditional rights and customs and involuntary resettlement. The manual makes clear that
monitoring should take place throughout
in determining baseline
environmental conditions, potential and actual impact of projects, and in establishing any
mitigation or compensation for adverse impacts.

the project cycle,

Monitoring projects which affect indigenous people is one of the key tasks of the focal point
for these issues within the Commission, as set out in section 2 below.

• Train staff in the Commission and Member States on relevant thematic and geographic

issues

Training is required to enhance the capacity of Commission staff to address specific human
rights issues, including concern for indigenous peoples and should serve to improve feedback
from delegations on programmes and projects which affect such communities. Delegations
consulted in the preparation of this report (see section 2.1.5 below) expressed a clear demand
for the provision of clearer information on indigenous issues and for enhanced EU expertise
on the ground.

The Communication on Human Rights confirms the need for training Commission staff, and
specific funds have been allocated for this purpose under Chapter A of the EU Budget.
Training will be provided for Commission staff in the External Relations Directorate General
(RELEX) in Brussels and for staff in Delegations and it will serve as a means to contemplate
training on indigenous peoples’ issues. The Commission will implement training programmes
at different levels, depending on the experience of the staff concerned and their involvement
in human rights issues. A basic level of training in human rights and democracy will be
provided for all staff beginning service in RELEX and those departing for Delegations. More
advanced ‘function specific’ training will be provided for those members of staff who deal
directly with human rights matters. A further level of training for appropriate staff in RELEX
will concern human rights impact assessment. The Commission will draw on the experience
of and cooperate with Member States active in this area, including UK, Finland and Sweden,
in the framework of the Council Working Group on Human Rights (COHOM).
• Enhancing coordination and coherence within the EU

The Working Document calls for increased coordination within the EU on issues relating to
indigenous peoples, with an initial focus on the exchange of information and sharing of
experiences to identify common objectives, difficulties and priorities and to define concrete
guidelines for action.26 The establishment in 2001 of a Commission working group/subgroup
within the inter-service group on Human Rights specially devoted to indigenous issues, to
facilitate research in the preparation of this report created the opportunity to enhance the flow
of information between Commission services and for more coherence in the setting of
priorities. The Commission has also set up focal points in key services to liase with
indigenous peoples, and to provide enhanced inter-service coordination on these issues.

26

Working Document of the Commission 11 May 1998, ibid, p.16

10

A consultation was undertaken with 86 Delegations of the Commission in developing
countries in 2001 with the objective of sharing experience and helping to set priorities, in the
light of the recommendations of the Resolution. The questionnaire addressed the situation of
issue of dialogue with national authorities on indigenous peoples,
the identification of
indigenous communities, the difficulties and needs of such communities and the activities
funded by the EU in their country. A number of suggestions can be drawn from the results of
the consultation, including the need to improve the expertise on the ground on issues related
to indigenous peoples and for greater clarity on the budgetary instruments of the EU available
to address them.

The Communication on Human Rights has reinforced the goal of promoting coherence
between Council Working Groups with a policy interest in human rights and democratisation
and Committees involved in external assistance. This will include highlighting inconsistencies
where they arise between Council Working Groups on human rights, social development and
other Committees. The Communication also promotes the concept
that human rights,
including concern for indigenous peoples, should be treated as a cross-cutting or ‘mixed
pillar’ issue by different Council Working Groups. Most recently, the issue of indigenous
peoples was specifically discussed in the consultation about
the EIDHR programming
document
for 2002-2004 with the Member State Committee on Human Rights and
Democracy.27 Member States, after a discussion on the approach of the Commission to the
issue of indigenous peoples, approved the specific objectives, expected results, indicative
allocation and suggested types of assistance in this area. This part of the programming
document also makes clear that in its support for indigenous peoples, the Community should
continue to work in partnership with international organisations, and in particular with UN
mechanisms.

The European Parliament maintains a close interest in the human rights activities of the
Community, including concern for indigenous peoples, and it has followed up on individual
projects which have an impact on this group. For example, the Parliament had concerns about
the pressure on the land of indigenous people of the Javari Valley, in Brazil, where the
Commission financed a development project. The Commission responded by providing
detailed information on the strategy and activities of the project which aimed to protect the
indigenous peoples and their forest resources.28 This type of scrutiny and exchange of
information is clearly useful in enhancing coherence within the EU on indigenous peoples’
and
issues,
complementarity within the EU.

and such consultation should be

strengthened to ensure

coherence

27

28

European Initiative for Democracy and Human Rights Programming Document 2002-2004,
section 1.4.3 ‘indigenous peoples’
Written question E-0767/98 by Mark Watts MEP to the Commission, OJ C 354/24 of 19 November
1998

ibid,

11

2.2.

Consultation with indigenous people

• Establish methodologies and procedures to ensure the full participation of indigenous

peoples in the development process

At the 57th UN Commission on Human Rights, the EU Presidency underlined that:

‘It is important to stress the all-inclusive nature of the development process. Special
attention should be paid to inter alia indigenous peoples to ensure their full
participation.’29

The Commission has made extensive efforts to develop a participatory approach in its polices
and procedures. The Human Rights Communication highlights the need to use participatory
approaches in programme design and to build the capacity of civil society actors engaged in
dialogue and implementation of programmes.30 The Commission Environmental Impact
Manual will stress that consultation with affected communities is an integral part of any
environmental assessment process, and that to mitigate potentially adverse affects of projects,
indigenous groups should be incorporated as equal partners in the design and implementation
of management plans. 31 The Commission Communication on Forests and Development sets
out that a participatory approach is a fundamental principle in any project from policy
development through identification, appraisal and implementation of actions.32 Commission
guidelines on development cooperation concerning sustainable water resources stress the
importance of a participatory approach involving local and indigenous peoples’ NGOs,
because the full involvement by stakeholders is more likely to ensure the success of the
project. The guidelines make clear that projects should not only take account of the views of
indigenous peoples, but that specific actions and assistance should be built into projects to
ensure that affected communities can participate effectively.33

• Establish contact points for liaison with indigenous peoples in the services of the European

Commission

The Commission has set up practical mechanisms to ensure the consultation of indigenous
peoples in policies and activities which affect them. Most importantly, as recommended in the
Working Document, the Commission has set up contact points in key services to liase with
indigenous peoples34. Their responsibilities also include technical support to Commission
staff and follow-up on issues relating to indigenous peoples.35 Such contact points have been
(Human Rights and
established in the Directorate Generals of External Relations
Democratisation Unit), Development
(CBD and
Indigenous Peoples desk) and EuropeAid (Democracy and Human Rights Unit). These

(Civil Society Desk), Environment

29

30

31

32

33

34

35

to Development’ Resolution 2001/9,

Statement of the EU Presidency under Item 7, ‘The Right
L15/Rev.1)
Commission Communication on the European Union’s Role in Promoting Human Rights and
Democratisation, of 8 May 2001, ibid
‘Integrating environment concerns into development and economic cooperation’ (Draft), ibid.
Communication on Forests and Development, ibid
Guidelines for water resources development cooperation - Towards sustainable water resources
management, European Commission, 1998, Catalogue number: CF-16-98-966-EN-C, available at:
http://europa.eu.int/comm/development/publicat/water/en/frontpage_en.htm
Working Document of the Commission 11 May 1998, ibid, p.15
for details of how to contact the Commission focal points, go to:
http://www.europa.eu.int/comm/external_relations/human_rights/ip/index.htm

12

contact points cooperate closely with geographical desks in the services of the Commission,
Delegations of the Commission and with Member State representatives.

The Commission has also benefited from consultation with an informal network of three
indigenous peoples’ organisations, the International Alliance of Indigenous Tribal Peoples of
the Tropical Forests, the Saami Council and the International Working Group for Indigenous
Affairs (IWGIA), to promote coordination, the exchange of experience and transparency in
project development.

• Identify indigenous peoples’ own priorities

The Commission has consulted widely with indigenous peoples to identify their own priorities
for the development process, building on the consultation of such groups in the drafting of the
Working Document itself in 1998. In 2001, the Commission sent a detailed questionnaire to
indigenous peoples’ organisations to establish their views on how far the Resolution and the
Working Document had been put
initially to the network of
organisations already in contact with the Commission, who then distributed it more widely to
smaller indigenous groups. The questionnaire sought to identify indigenous communities,
their legal and socio-economic situation, their priorities at a national, regional and local level,
their contact with projects and
and,
programmes of the EU and relationship with delegations of the Commission.

in view of the implementation of the Resolution,

into practice. It was sent

The responses to the questionnaires furnished detailed information about the situation of
indigenous peoples, which will be used to feed into project design and implementation, and to
help refine the overall strategy of the EU. The responses revealed however that more progress
needs to be made in communicating the work of the EU in this area, and in enhancing contact
between indigenous peoples’ organisations on the ground and Delegations of
the
the technical and administrative
Commission. One aspect which emerged was that
requirements of applying for funding from large donors such as the EU could represent an
obstacle for the participation of indigenous groups, particularly for small, grass-roots
organisations, which may not have the capacity to manage somewhat complex procedures.
This highlights the importance of, as suggested by the Working Document, identifying and
using culturally appropriate means of communication and enhancing small-scale involvement,
including through the microprojects scheme. The Rainforest Foundation and International
€
Alliance of Indigenous and Tribal Peoples of the Tropical Forests has been allocated
350,014 under EIDHR for a project concerning ‘Indigenous peoples’ view of the development
and implementation of the EU resolution on Indigenous peoples’.36 It will focus on
researching and describing 7 case studies of EC development co-operation and its relationship
to indigenous peoples, and will include a conference in Brussels in 2002. The conference will
bring together representatives of indigenous peoples’ organisations and European NGOs and
officials of the EU to discuss how to implement the EU’s policy on indigenous peoples. The
case studies will be the basis of discussions during the conference which will last for four
days, including a separate ‘indigenous caucus’ where indigenous representatives will share
information and discuss strategy to implement EU policy.

36

Rainforest Foundation and International Alliance of Indigenous and Tribal Peoples of the Tropical
Forests, ‘Indigenous views on development: implementing the EU indigenous peoples policy’, Project
No. 2000/035, Budget Line B7-702

13

Further research has been conducted into indigenous peoples priorities through a series of
regional studies funded by the Commission, coordinated by the indigenous peoples’
organisation the Saami Council.37 The objective of the 10 regional studies was to improve the
impact of development cooperation programmes by providing information on the priorities of
indigenous peoples and, in line with the Working Document, by identifying indigenous
peoples in especially critical conditions. The studies analysed the situation of indigenous
peoples with regard to the respect of their human rights, their status in the legal system, their
socio-economic situation and threats to their environment and culture. The studies have
concluded that the issues of racism and the environment are particular priorities to be
addressed. Other priorities which emerged included the need for indigenous people to be
integrated as equal partners in the development process, and the need for capacity building of
indigenous peoples’ organisations as well as the desirability of building coalitions with other
civil society organisations.

• Ensure that indigenous people can offer an informed view on specific EU activities

indigenous associations and communities,

The Commission has built consultation with indigenous peoples into particular activities, such
electoral observation missions. For example, during the electoral observation mission to Peru
in 2001, the mission specifically considered the situation of indigenous communities, who
were at risk of exclusion and discrimination in the electoral process.38 The mission addressed
this problem by consulting with representatives of indigenous groups about the electoral
difficulties experienced by their communities. In this context, a one-day seminar was
organised for
in co-operation with the
Ombudsperson’s Office. The indigenous peoples representatives presented the specific
problems they are confronted with, including dissatisfaction with the electoral roll, a failure to
use indigenous languages for communicating electoral information, the location of polling
stations, and the treatment of remote settlements. The representatives made proposals to solve
these problems, which focused on the use of their own language throughout the electoral
process, territorial and cultural decentralisation among the various communities in Peru, and
civic education in schools through agreements with the electoral
institutions and non
governmental organisations. These demands are reflected in the Ombudsperson’s report on
indigenous communities in the first round of the elections, which proposed that the electoral
organisations should act in co-ordination with indigenous authorities.

2.3.

Support for indigenous peoples in priority areas

The Commission, through the budgetary instruments outlined in section 2 above, has provided
€
21.9 million for projects directly affecting indigenous peoples as target groups. This figure
does not include the large range of projects and programmes which impact on indigenous
peoples in an indirect way. The review of activities in support of this group illustrates that the
Commission has directed funds towards a number of key thematic areas set out in the
Resolution and the Working Document. As the projects are too numerous to examine
individually in a report of this nature, some of the most pertinent examples are described
below, featuring projects which directly target indigenous peoples and those which have a
clear impact on indigenous communities.

37

38

Saami Council, ‘Regional studies in indigenous areas: training on international human rights standards
and policy process’, Project No MTR/VN/98/15, Budget Line B7-702
European Union Electoral Observation Mission,Peru– General Elections 2001 Final Report,available at:
http://europa.eu.int/comm/external_relations/human_rights/eu_election_ass_observ/peru/final_report.pdf

14

• Assistance in national efforts to recognise and respect indigenous peoples’ rights

Conservation management in Botswana

The Community funds a wildlife conservation and management programme in Botswana, an
essential component of which is support to community-based natural resource management.39
The aim of the programme, which started in 2000, is to increase the benefits of very poor and
vulnerable communities, allowing them to meet basic needs from their own resources. The
programme, which was designed after thorough stakeholder consultation, is intended to have
a catalytic role in strengthening institutions, with an emphasis on building the capacity of
local institutions and personnel, and enhancing the effectiveness of existing infrastructures,
including for the management of protected areas. In addition, the programme aims to promote
cooperation with government ministries, departments and NGOs. An important aspect of the
programme is the design of monitoring activities on the ground, in collaboration with local
communities. Staff of the project work with local communities to raise awareness, particularly
with a view to resolving conflicts about the use of resources and to establish ‘community use
zones’. In this context, project staff must develop a sound understanding of community
motivations and aspirations, identify social or cultural constraints to community participation,
and monitor whether particular groups within communities have participated and benefited
fully from the programme.

• Training and education for indigenous peoples

Community building through education

€

A project coordinated the NGO Novib in conjunction with the Inter-Mountain Peoples
151.456 in 1999.40 The
Education and Culture in Thailand Association (IMPECT) received
initiative set out to support community building, organisation and capacity building among
the hill tribes of Thailand, through education, targeting 100 villages and an estimated 45,000
people. A key aim of the activities was to encourage the highland people to preserve and
their culture and knowledge to the new generation. The programme included
transmit
education and training on environmental protection, and human rights and community rights,
and it provided staff training for community organisations, including leadership development
and technical skills building. The methodology of the project involved a clear emphasis on
enabling local communities to take responsibility for their own training.

• Capacity building for indigenous organisations

Strengthening grassroots organisations

The International Working Group for Indigenous Affairs (IWGIA) received over
1.1 million
in 2000 to coordinate microprojects implemented by grassroots indigenous peoples
organisations.41 Small-scale interventions of this sort allow the programme to respond to the
needs of such organisations with speed and a high degree of flexibility. A priority aim of the
initiative was to strengthen the capacity of small NGOs with a view to enhancing their
participation in decisions which affect their livelihoods and lifestyles. Specific activities of

€

39

40

41

Wildlife Conservation and Management Programme, Project No. ACP/BT/005, EDF 8
NOVIB, ‘Inter-Mountain People Education and Culture in Thailand Association’s Operational Plan’
Project No. PVD /99/936, Budget Line B7-6000
International Working Group for Indigenous Affairs (IWGIA), ‘Indigenous peoples, human rights and
capacity building’, Project No.MTR/VN/98/138, Budget Line B7-7020

15

the programme included strengthening the institutional capacity and infrastructure of
individual organisations, including developing their documentation, research and publication
capabilities, training for staff on key human rights issues, facilitating the participation of
indigenous peoples in national and international seminars, and establishing contacts between
organisations.

• Networking and exchange of experience among indigenous peoples

Amazonian networking

€

The Latin American Association for Human Rights (ALDHU) received a grant of
603,397 in
2000 for the establishment of a radio network to enhance communication between Amazonian
peoples, and to the defend of their way of life and the Amazonian ecosystem.42 The network
connected 25 radio stations in Bolivia, Brazil, Colombia, Ecuador, Peru and Venezuela by
satellite. Key aims of the project were to coordinate national and regional partnerships of
indigenous peoples organisations, and to raise awareness in the international community on
the problems and achievements of indigenous communities in this region. The activities
involved in the project included detailed planning with experts on the thematic nature of the
network, training workshops on the creation of communication groups and exchanges of
experience between these groups, the training of a multi-lingual producer and the production
of broadcasts on indigenous peoples issues. An additional function of the radio network is to
involve indigenous peoples in the operational aspects of broadcasting, both in terms of
reporting and technical infrastructure. The coordinator of this project, ALDHU, received the
2001 Human Rights Prize from the French Government.

• Enhancing the protection of indigenous peoples’ knowledge, innovations and practices

Research and awareness raising on indigenous practices

€

An international study on indigenous culture, customs and traditions by the Saami Council
353,868, in 2000.43 The project methodology employs
was allocated an EC contribution of
case studies in Africa, the Pacific, the Americas, Asia, Australia and Europe, to document and
provide a comparative analysis of indigenous customs, cultures, traditions and identities. The
development of practical tools for the research and development of policy, is an important
element the effective protection customary laws and practices at national and international
levels. The positive contributions that indigenous peoples have made and continue to make to
law and democracy in the context of the protection of culture and of customary law, can be
highlighted in this context. Guidelines and action points to protect indigenous culture and
traditions, including through a video presentation was distributed in indigenous communities
should raise awareness of these issues. An informal advisory group of indigenous experts on
customs and traditions is a key component of this initiative.

42

43

Asociacion Latinoamericana para los Derechos Humanos (ALDHU), ‘A radio network for the
Amazonian basin’, Project No. T-2000/144, Budget Line B7-7030
The Saami Council, ‘Comparative analysis of culture, indigenous customs and traditions’, Project No.
T-2000/141, Budget Line B7-7020

16

3.

FURTHER ACTION REQUIRED

As has been emphasised throughout this report, the support of the Community and its
Member States for indigenous peoples is an evolving field of policy and action. The
Resolution and the Working Document have provided a concrete framework on which to
build a comprehensive policy and improve the impact of funded activities. This is an ongoing
task, and the review contained in Section 2 above illustrates that the Community has made
solid progress towards these goals. Highlighted below are those areas where further progress
can be achieved.

Concerning the integration of concern for indigenous peoples into policies, programmes and
activities, the process of mainstreaming is a task of some magnitude. The range of activities
which have a potential impact on indigenous peoples is vast, and the methodology for
mainstreaming such concerns requires further development. Where projects are identified as
relevant to indigenous communities, they should be systematically identified as such. In
addition to a reference on human rights concerns, it should include a specific reference to
indigenous peoples, which will make the project easy to trace and continue to monitor
throughout the project cycle. In this way a central database can be established by the
Commission on actions in support of indigenous peoples. With regard to the coordination and
coherence of EU action, there remains scope for enhanced cooperation between services of
the Commission, between the Commission and the Member States and with other
organisations and donors involved in support for indigenous peoples. The focal points in the
Commission can play a pivotal role in this regard.

The inclusion of specific guidelines to protect
indigenous peoples rights in procedural
documents and handbooks of the Commission in areas such as environmental impact and
is a positive development, and should be replicated in all such
resource management
documents of the Community relevant to indigenous peoples. Although guidelines must
reflect the specific context of action, common basic standards of protection could be included
in all relevant handbooks. In the context of mainstreaming, priority actions should also
include the training of Commission staff on the rights of indigenous peoples and on the
potential impact of projects both specifically and within the general training foreseen on
human rights. The development of appropriate indicators of impact and methodological tools
for evaluating the success of projects involving indigenous priority should also be considered
a priority. In addition to drawing on the best practice in other fields such as gender,
mainstreaming activities will be undertaken in conjunction with the follow-up to the
Communication on Human Rights, which will prioritise mainstreaming human rights and
democracy in external assistance, staff training and the development of impact assessment
indicators and monitoring methodologies.

Significant efforts have been made to enhance the consultation of indigenous peoples, mainly
through established NGOs, such as those involved in the informal European Network which
meets in Brussels. The results of the questionnaire sent to Commission Delegations indicate
that more progress can be made in communicating the work of the EU to smaller, grassroots
organisations in developing counties. The capacity of smaller organisations to deal with the
administrative procedures of the Commission may also be an obstacle to targeting support to
where it
is most needed. The enhanced role for Delegations in the management of
microprojects will be useful in this regard, and corresponds to the Working Document
proposal to support more small-scale interventions.

17

Although policy commitments and technical procedures are in place to facilitate the
involvement of indigenous peoples throughout the project cycle, the extent to which this
happens can be improved. Where indigenous concerns have been identified as relevant in
projects, through the process of mainstreaming and consultation, specific activities should be
systematically built into projects to involve indigenous representatives in all stages, from
project design to evaluation.

4.

CONCLUSIONS

The Development Council Resolution of November 1998, building on the guidelines of the
Commission Working Document, laid the ground work for a comprehensive EU policy on the
support of indigenous peoples. The Resolution reflects the high degree of consensus within
the EU about the need to build partnerships with indigenous communities, and to integrate
concern for these communities into all relevant polices and programmes of the Union.

This report has examined the practical ways in which the Community had worked to
implement the goals of the Resolution. There has been significant progress towards realising
these goals. In the area of mainstreaming concern for indigenous peoples, specific guidelines
for action have been incorporated in regulations, policy statements and practical handbooks of
the Commission. Procedures are now in place to train Commission staff on specific human
rights issues such as indigenous peoples, and the coordination of information in the
Commission has been enhanced. The EU has promoted the rights of indigenous peoples in
international forums and in its dialogue with partner countries, including in the negotiation of
country strategies.

Consultation with indigenous peoples has been taken very seriously by the Commission, with
the creation of focal points in several Directorates General, research programmes funded to
help identify indigenous peoples’ own priorities, and procedures established to ensure that
indigenous peoples can participate fully in the development process, including by building
specific activities into projects to facilitate such input.

Between 1998 and 2000, the Commission allocated almost
22 million to projects directly
supporting indigenous peoples. These funds have been targeted towards the main thematic
areas suggested by the Resolution and the Working Document, including national efforts to
respect indigenous peoples’ rights, training and education for indigenous peoples, capacity
building for indigenous organisations and developing new networks of indigenous peoples.

€

This report is not however a ‘catalogue of good works’. Instead it serves to illustrate the
contribution of the Community to a developing field of policy and action, and it highlights
those areas where further progress is needed. The report suggests that the large task of
mainstreaming requires a proper identification of projects as relevant to indigenous peoples
and the creation of a central database in the Commission on this issue. There should also be a
systematic inclusion of guidelines on indigenous peoples’ rights in relevant procedural
documents. Training Commission staff on human rights issues and developing appropriate
project impact indicators and monitoring mechanisms, should be implemented in conjunction
with the work to be carried out in follow-up the to Communication on Human Rights

18

The report argues for continuing efforts to enhance the exchange of information between the
Commission and Member States, and to ensure that consultation with indigenous peoples’
organisations encompass small, grass-roots groups in developing countries, who can be best
supported through small-scale interventions. Finally,
the report concludes that where
indigenous concerns are identified as relevant in project proposals, specific activities should
be built into such projects to involve indigenous representatives at all stages of the project
cycle.

It is clear that the work of the Commission to implement the Resolution will continue, on the
basis of the solid foundations laid since 1998, and with the contribution of our partners from
indigenous communities, whose priorities for ‘self-development’ will play a vital role in
shaping the development cooperation of the Community and its Member States.

19