3. United Nations Commission on Human Rights (UNCHR)
Background
The United Nations Commission on Human Rights ("UNCHR") is a body established under the Economic and Social Council (ECOSOC) of the United Nations (see fact sheet 1). The UNCHR comprises 53 Member States elected to consider international human rights issues. Member States are elected by ECOSOC for a term of three years. Each year, the Council elects one third of the Commission members. The election is based on the criterion of geographic distribution: 15 members from Africa, 12 from Asia, 5 from Eastern Europe, 11 from Latin America and the Caribbean, and 10 from the West European Group and Others. New Zealand is not a member of the Commission but is an active observer.
In 1947, the UNCHR established the Sub-Commission of the Prevention of Discrimination and Protection of Minorities. In 1999, the name was changed to the Sub-Commission on the Promotion and Protection of Human Rights ("Sub-Commission") and it is now the main subsidiary body of the UNCHR.
Consideration of Traditional Knowledge
Traditional knowledge is not regularly discussed in the UNCHR but is part of a range of issues considered by two subsidiary bodies of the UNCHR: the Working Group on the Draft Declaration on the Rights of Indigenous Peoples ("WGDD") and the Sub-Commission on the Promotion and Protection of Human Rights.
Draft Declaration on the Rights of Indigenous People
The draft Declaration on the Rights of Indigenous Peoples (the "draft Declaration") was completed by experts appointed to the Working Group on Indigenous Peoples ("WGIP") in 1994. WGIP was established by the Sub-Commission on the Promotion and Protection of Human Rights, and comprises 5 expert members in indigenous rights with over 20 years collective experience. The main achievement of WGIP has been the development of the draft Declaration.
The draft Declaration deals with the rights of indigenous peoples in areas such as self-determination, culture and language, education, health, housing, employment, land and resources, environment and development, intellectual and cultural property, indigenous law and treaties and agreements with governments.
The UNCHR formed the WGDD to consider and further develop the draft Declaration. Indigenous Peoples and States participate equally in the Working Group but it is States who make final decisions. The WGDD has met nine times but many States have difficulties with aspects of the draft Declaration and subsequently, States have only been able to provisionally agree on 2 of the 45 articles.
Article 29 of the draft Declaration is the provision of most relevance to traditional knowledge. It states:
Indigenous peoples are entitled to the recognition of the full ownership, control and protection of their cultural and intellectual property. They have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs and visual and performing arts.
New Zealand Position
New Zealand is committed to obtaining a strong declaration which advances indigenous rights while recognising the political and constitutional integrity of New Zealand. The New Zealand government, however, cannot accept all articles of the draft Declaration as currently written but is working actively with other States to come up with amended articles, which may form the basis for consensus.
Acknowledgement
The Ministry of Economic Development would like to acknowledge the United Nations Commission on Human Rights website for information used to prepare this fact sheet.
For more information on the United Nations Commission on Human Rights please visit their website at Commission on Human Rights .
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