NOTE VERBALE DATED 2006/05/26 FROM THE PERMANENT MISSION OF TURKEY TO THE UNITED NATIONS OFFICE AT GENEVA ADDRESSED TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS
Article 14 stipulates that in areas inhabited by persons
belonging to national minorities traditionally or in substantial numbers, if there is
sufficient demand, the Parties shall endeavour to ensure, as far as possible and within
the framework of their education systems, that persons belonging to those minorities
have adequate opportunities for being taught the minority language or for receiving
instruction in this language.
(...) Almost all these courses have been closed by their founders and owners due to low
number of attendants.
Broadcasting in languages and dialects traditionally used by Turkish citizens in
their daily lives
The third harmonization package has brought amendments to the “Law on the
Establishment of Radio and Television Enterprises and Their Broadcasts” which
provide for broadcasting in languages and dialects traditionally used by Turkish
citizens in their daily lives. In order to regulate the implementation of this legislative
amendment, “The Regulation on Radio and Television Broadcasts in Languages and
Dialects Traditionally Used by Turkish Citizens in Their Daily Lives” was drafted by
the Supreme Board of Radio and Television and entered into force upon its
publishment in the Official Gazette of 25 January 2004, No. 25357.
INDIGENOUS PEOPLES' PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES : PRELIMINARY REPORT OF THE SPECIAL RAPPORTEUR, ERICA-IRENE A. DAES, SUBMITTED IN ACCORDANCE WITH SUB-COMMISSION RESOLUTION 2002/15
The rights of ownership and possession of the peoples concerned over the lands
which they traditionally occupy shall be recognized. In addition, measures shall be taken in
appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively
occupied by them, but to which they have traditionally had access for their subsistence and
traditional activities. (...) Governments shall take steps as necessary to identify the lands which the peoples
concerned traditionally occupy, and to guarantee effective protection of their rights of ownership
and possession (...) “Article 27
“Indigenous peoples have the right to the restitution of the lands, territories and resources
which they have traditionally owned or otherwise occupied or used, and which have been
confiscated, occupied, used or damaged without their free and informed consent.
REPORT OF THE SPECIAL RAPPORTEUR ON THE RIGHTS OF INDIGENOUS PEOPLES ON THE HUMAN RIGHTS SITUATION OF THE SAMI PEOPLE IN THE SÃ¡PMI REGION OF NORWAY, SWEDEN AND FINLAND
The Sami people
4. The Sami people traditionally inhabit a territory known as Sápmi, which traverses
the northern parts of Norway, Sweden, Finland and the Russian Kola peninsula. (...) The Sami people’s culture and traditions have evolved over hundreds of years
through a close connection to nature and land. Traditionally, the Sami have relied on
hunting, fishing, gathering and trapping, with reindeer herding, in particular, of central
importance. (...) States’ expropriation of land traditionally used by the Sami people, be it for the
purpose of natural resource extraction or other development projects, constitutes a
limitation of their property rights.
REPORT OF THE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLE, JAMES ANAYA : ADDENDUM
communities reside in seven districts: the Southern, Kweneng, Kgatleng, Ghanzi,
Kgalagadi, Central, and North West districts. Traditionally, the Basarwa were a semi-
nomadic people who practised a hunter-gatherer and agro-pastoralist lifestyle, moving
within designated areas based on the seasons and availability of resources, such as water,
game and edible plants.
8. Other non-dominant tribes in Botswana include the Bakgalagadi people, comprised of
several subgroups including the Bangologa and Bakgwathen, who number approximately
272,000. Traditionally, the Bakgalagadi were agro-pastoralists who occasionally moved
depending on the water supply. (...) By many accounts, the Basarwa have been especially affected over time by the
expansion of majority tribes and non-indigenous farmers into the areas traditionally used
and occupied by them, particularly in western Botswana.
REPORT OF THE THE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLE, JAMES ANAYA : ADDENDUM
Article 231 of the Constitution calls for recognition of “their
social organization, customs, languages, creeds and traditions, as well as their original rights to
the lands they traditionally occupy”; provides protections for these rights, especially in relation
to the exploitation of natural resources on indigenous lands; guards indigenous peoples against
dispossession of or forced removal from their lands; and places a duty upon the Union to
demarcate the lands traditionally occupied by indigenous peoples and “to protect and ensure
respect for all their property”. (...) Under the 1988 Constitution, indigenous peoples are entitled to the “permanent possession” of
the lands they traditionally occupy and “have the exclusive usufruct of the riches of the soil, the
rivers and the lakes existing therein” (art. 231), while at the same time the Constitution deems
these lands to be inalienable property of the Union (art. 20).
37. (...) Article 27 of the United Nations Declaration
affirms the right of indigenous peoples to “own, use, develop and control the lands, territories
and resources” they traditionally occupy; for its part, ILO Convention 169 declares in its
article 14, “The rights of ownership and possession of the peoples concerned over the lands
which they traditionally occupy shall be recognized.”
REPORT OF THE SPECIAL RAPPORTEUR ON FREEDOM OF RELIGION OR BELIEF, HEINER BIELEFELDT : ADDENDUM
number of Shias traditionally residing in the country is very small, and might number only
a few hundred persons. (...) Moreover, in regions in which Christians do not
traditionally reside, they reportedly may be perceived as not really fitting into an Arab
21. (...) Education should include basic information about religions that
do not traditionally exist in the country. Equally important is information about intra-
religious diversity, including different Christian denominations and different branches of
HUMAN RIGHTS AND INDIGENOUS ISSUES : REPORT OF THE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLE, RODOLFO STAVENHAGEN, SUBMITTED IN ACCORDANCE WITH COMMISSION RESOLUTION 2003/56 : ADDENDUM
communities interviewed complain that their sources of water for both drinking and irrigation
purposes are diminishing and that the woodland fauna that forms part of their diet and the
undergrowth vegetation traditionally used for ritual, medicinal and nutritional purposes are in
decline or have disappeared.
23. (...) Various
sectoral laws, such as the 1981 Water Code, despite a number of reforms made to them, facilitate
and protect the registration of private property rights over resources that have traditionally
belonged to indigenous communities. In the arid northern region, for example, access to water is
vital to the lives of the Aymara, Atacameño and Quechua rural communities, but is often denied
to them because the resources have been appropriated by mining companies. (...) They complain
that the Mining Code and the Water Code are given precedence over the Act；
(c) They complain that applications by indigenous communities for water rights
are dealt with in a discriminatory fashion as compared with those by mining companies and
that the existing mechanisms for environmental impact assessments are inadequate；
(d) The communities condemn the failure to provide information and to involve
them when regulations are adopted or actions taken that concern their territory and the natural
resources traditionally considered to belong to them.
27. Under Chilean legislation, the regulations governing water, the subsoil and maritime and
lake resources are completely independent of those governing land ownership and the productive
use to which they may be put： the rights to “ownership” and “use” may be granted freely by
the State to anyone who applies for them.
REPORT OF THE SPECIAL RAPPORTEUR ON FREEDOM OF RELIGION AND BELIEF ON HIS MISSION TO DENMARK : NOTE / BY THE SECRETARIAT
More importantly, the Special Rapporteur had been curious to learn about a
country traditionally strongly influenced by the Lutheran Evangelical Church, which,
according to the Constitution, occupies the special rank of “the Established Church of
Denmark” (usually called the “Folkekirke”) and to which, until a generation ago, some 95
per cent of the Danish population belonged. (...) Unlike the Baptists, Catholics
have a history in Denmark of being a community of “foreigners”, traditionally composed of
traders, diplomats and other people temporarily residing in the country. (...) However, public attention could rise swiftly whenever religion
comes up in the context of immigration, which has changed the Danish religious landscape
profoundly by confronting a traditionally very homogeneous society with new religious
communities, in particular Islam.
REPORT OF THE SPECIAL RAPPORTEUR ON THE RIGHTS OF INDIGENOUS PEOPLES, JAMES ANAYA : ADDENDUM
The Nama are herders and pastoralists who are descendants of some
of the first inhabitants of present-day Namibia. The Nama traditionally led a nomadic life in
the vast areas between the Kalahari and the Namib deserts but suffered enormous losses
during German colonization, which contributed to a breakdown of their tribal social
structure. (...) They also have the right to hunt traditionally with bows and
arrows; they are the only San group in the country that has this right under Namibian law.
(...) The Khwe likewise have no right to hunt game, traditionally or
otherwise, within the park’s boundaries, and may only gather, in specific ungazetted areas,
some essential subsistence items, including firewood.
REPORT OF THE SPECIAL RAPPORTEUR ON THE ISSUE OF HUMAN RIGHTS OBLIGATIONS RELATING TO THE ENJOYMENT OF A SAFE, CLEAN, HEALTHY AND SUSTAINABLE ENVIRONMENT ON HIS MISSION TO MONGOLIA
Pastoral livestock herding has traditionally adapted well to the challenging
geographical conditions and seasonal climatic changes in Mongolia, and it has been a
particularly successful strategy for the sustainable use of semi-arid and arid grasslands.
(...) Goats are more destructive than other species because they eat a wider range of plants
and dig up their roots. They have traditionally not been one of the most importan t herd
animals in Mongolia, but their numbers have increased in response to growing demand for
cashmere wool products.
19. (...) These pressures threaten the traditionally harmonious relationship between
Mongolians and the environment.