Copyright © 2002 NLThomas
All Rights Reserved

This May 15, 2002 Panel Discussion at New York University School of Law was originated in November 2001 to inform of the proposed UNESCO World Heritage WHIPCOE (World Heritage Indigenous Peoples Council Of Experts). This was planned to coincide with the First Session of the Permanent Forum on Indigenous Issues. In December 2001, UNESCO World Heritage Committee turned down this proposed WHIPCOE. We are now trying to continue the process and generate public support. In this spirit, as main coordinator for this project, I am attaching two messages:
1 ) CALL FOR SUBMISSIONS ON SACRED SITES AND CULTURAL HERITAGE ISSUES - Please, note deadline of April 20, 2002
2) Outline of NYU Panel as of March 21, 2002

Thank you for your attention and possible participation. Marie-Danielle Samuel, Main Rep. to UN (Yachay Wasi) and Vice Chair, NGO Committee on the UN International Decade of the World's Indigenous Peoples

YACHAY WASI – NGO/UN ECOSOC & DPI – NYC – Cuzco, PERU
"Yachay Wasi means House of Learning in Quechua"
Luis Delgado Hurtado, President
La Conquista 3 puerta, Saphi, Cuzco, PERU
Phone: 51-84-252618 or (Evenings) 248567
Marie-Danielle Samuel, Vice President
708 West 192nd Street # 6B, New York, NY 10040 USA
Phone: 212-567-6447 ~ FAX: 917-529-0922
E-mail: yachaywasi@igc.org
URL: http://www.yachaywasi-ngo.

A PANEL DISCUSSION

During the International Year of Cultural Heritage: "Cultural Heritage and Sacred Sites: World Heritage from an Indigenous perspective"

Wednesday, 15 May 2002 - 7:30 p.m.
New York University School of Law – Room Main 703 – Free admission

The United Nations General Assembly on November 21, 2001 proclaimed 2002 as the International Year of Cultural Heritage with UNESCO at its leadership. On that day, UNESCO Director-General Koichiro Matsuura stated: “People all over the world need to be made aware of the importance of cherishing our varied heritage, both the treasures of our physical cultural heritage and the intangible heritage of traditions and cultural practices. In learning to appreciate and value our own heritage, we can learn to appreciate the heritage of other cultures. This is an essential step towards ensuring peaceful dialogue and mutual understanding. Furthermore, heritage preservation is essential if we are to retain the wealth of our cultural diversity and ensure that the world is enriched rather than impoverished by globalization."

The year 2002 is very important to Indigenous Peoples as it is when the first Session of the newly adopted United Nations Permanent Forum on Indigenous Issues will take place 13-24 May at United Nations Headquarters in New York City.

The symbolism of this first meeting during a year dedicated to Cultural Heritage is very timely as the descendants of the first peoples of the world, who will be represented in this Forum, embody the meaning and spirit of cultural heritage.

Indigenous communities around the world are planning to send representatives to New York City: as Observers to the First Session inside the United Nations and also to satellites gatherings in NYC.  UN exhibits are planned. NGOs and Governments are planning lectures, art exhibits etc... in New York City in the coming months as the Office of the High Commissioner for Human Rights which is facilitating this first session, wants to generate publicity and inform the public of this unprecedented event. One of the programs which the NGO Committee on the International Decade of the World's Indigenous Peoples is organizing, in collaboration with the NYU School of Law, is a panel discussion one evening during the session of the Permanent Forum on Indigenous Issues. Date: Wednesday, May 15, 2002 at 7:30 pm. Venue: New York University Room M703 – hosted by the Indigenous Legal Studies Student Group of the NYU School of Law with Russel Barsh, Professor of Law at NYU and officer of the Four Directions Council, NGO/ECOSOC, as advisor.

Theme:
"Cultural Heritage and Sacred Sites: World Heritage from an Indigenous perspective"

The Convention Concerning the Protection of the World Cultural and Natural Heritage (the World Heritage Convention) was adopted by the General Conference of UNESCO in 1972. 2002 is the year of its 30th Anniversary.

Each year, more sites around the world are proposed by States Parties to the Convention to be added to the World Heritage List. The World Heritage Committee, in charge of inscribing sites as well as of examining the state of conservation of those already included on the List, was established by the World Heritage Convention. With 167 States Parties, the Convention is one of the international instruments to bring together the largest number of countries. . The 721 sites already protected according to the terms of the1972 Convention are situated in 124 countries and are divided into the following categories: 554 cultural sites, 144 natural sites and 23 mixed sites. The World Heritage List was last updated at the December 2001 meeting of the World Heritage Committee (Helsinki, Finland) and will be updated again following the next meeting of the Committee in June 2002 (Budapest, Hungary).

Many of these sites have a spiritual meaning to the Indigenous peoples living in their vicinity. To name a few (partial descriptions excerpted from World Heritage website): Australia: Uluru-Kata Tjuta National Park - Formerly called Uluru (Ayers Rock - Mount Olga) National Park… The traditional owners of Uluru-Kata Tjuta are the Anangu Aboriginal people. Peru: Historic Sanctuary of Machu Picchu - At 2,430 metres above sea level, on a mountain site of extraordinary beauty, in the middle of a tropical mountain forest, Machu Picchu was probably the most amazing urban creation of the Inca Empire… United States of America: Mesa Verde -A great concentration of Anasazi Indian dwellings, built from the 6th to the 12th centuries, can be found on the Mesa Verde plateau in southwest Colorado…

The justification of inscription of some of these sites on the World Heritage List came from the associations between people and place. Uluru-Kata Tjuta is recognized as a World Heritage cultural landscape demonstrating the maintenance of traditions, management of the landscape and outstanding associations between the local Indigenous communities and the environment. Machu Picchu is inscribed on the World Heritage list in recognition of its outstanding cultural and natural heritage.

From NATIVE AMERICAN SACRED SITES AND THE DEPARTMENT OF DEFENSE Edited by Vine Deloria, Jr., The University of Colorado and Richard W. Stoffle, The University of Arizona® “Native Americans are attached to the land in some ways that others can easily understand, but also in other ways that are almost impossible to explain. The Christian-Islamic-Hebrew concept called holy land perhaps best describes where the Indian people perceive they were created. Here in their holy lands are origin mountains where the supernatural created them and gave them responsibilities for using and protecting the land. Here also are places of great religious significance to all Native ethnic group members; places best described by the Christian-Islamic-Hebrew term sacred site. However, Native Americans have places that they consider powerful or religiously significant, such as where a mythic being spent one night or where lighting struck the earth. Such places lack cognates in European and Mid-Eastern religions making it more difficult to explain to non-Native Americans that such places are truly sacred and worthy of protection and reverence by everyone.” From the United Nations Draft Declaration on the Rights of Indigenous Peoples:

PART III Article 12
Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature, as well as the right to the restitution of cultural, intellectual, religious and spiritual property taken without their free and informed consent or in violation of their laws, traditions and customs.

PART III Article 13
Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of ceremonial objects; and the right to the repatriation of human remains. States shall take effective measures, in conjunction with the indigenous peoples concerned, to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected.

Actions by Indigenous representatives:
A Forum of Indigenous Peoples assembled in Cairns, Australia on 24 November 2000, presented the following submission to the World Heritage Committee's 24th session: "That the World Heritage Committee facilitate the establishment of a World Heritage Indigenous Peoples Council of Experts (WHIPCOE) pursuant to the provisions of Section 10 (3) of the World Heritage Convention, a body that would bring new competencies and expertise to complement other expert groups, to support the objectives of the World Heritage Committee in the provision of expert Indigenous advice on the holistic knowledge, traditions and cultural values of Indigenous Peoples relative to the implementation of the World Heritage Convention, including current operational guidelines."

From the Progress Report on the Proposed World Heritage Indigenous Peoples Council of Experts (WHIPCOE) - Document WHC-2001/CONF.209/13: "At the request of the twenty-fifth session of the Bureau of the World Heritage Committee (June 2001), the WHIPCOE Working Group met in Winnipeg, Canada, 6-8 November 2001. Representatives and Indigenous experts from Australia, Belize, Canada, New Zealand and the United States of America attended the workshop along with a representative of the Andean NGO Yachay Wasi, representatives of the Advisory Bodies (ICOMOS, ICCROM, and IUCN), the Office of the High Commissioner for Human Rights and the World Heritage Centre."

This Progress Report and the summary of the Winnipeg WHIPCOE Workshop were presented at the 11-16 December 2001 meeting of the World Heritage Committee in Helsinki, Finland. From the report of the meeting WHC-01/CONF.208/24 page 57: “…the Committee did not approve the establishment of WHIPCOE as a consultative body of the Committee or as a network to report to the Committee. The Committee did not provide funding for a second meeting to discuss WHIPCOE as proposed in WHC-01/CONF.208/13. However, the Committee encouraged professional research and exchange of views on the subject.”

In this spirit, the May 15, 2002 panel will provide a forum to discuss issues relating to World Heritage and Indigenous Peoples. To widen the scope of information, the NGO Committee on the UN International Decade of the World's Indigenous Peoples is asking the World Indigenous community to share case studies involving Sacred Sites. These studies and the report of the panel will be presented to the members of the Permanent Forum on Indigenous Issues

NGO COMMITTEE ON THE UN INTERNATIONAL DECADE
OF THE WORLD'S INDIGENOUS PEOPLES
c/o UCTP PO Box 4515 New York, NY 10163
Tel: 212-604-4186 ~ FAX: 775-640-1358
E-mail: ngo_ip_undecade@yahoo.com

A PANEL DISCUSSION

During the International Year of Cultural Heritage:
"Cultural Heritage and Sacred Sites: World Heritage from an Indigenous perspective"

Wednesday, 15 May 2002 - 7:30 pm
New York University School of Law – Room Main 703 – Free admission

PRELIMINARY PROGRAM
Note: Mr. Jones Kyazze, Director, UNESCO NY will be informed and invited to this event. Statement on the International Year of Cultural Heritage will be requested.

**Co-Chairs/Moderators:
*Professor Russel Barsh, representing NYU School of Law (confirmed)
*Mr. Roberto Mucaro Borrero, Chair, NGO Committee on UN International Decade of World's Indigenous.

**Peoples (confirmed) Welcome of panel participants to the territory:
*Ms. Marguerite Smith from the Shinnecock Reservation (confirmed)

**Panelists/Speakers: (in progress)
*Ms. Sarah Titchen, Chief, Policy and Statutory Implementation Unit, UNESCO World Heritage Centre and participant at Winnipeg WHIPCOE Workshop (confirmed)
*Mr. Julian Burger, OHCHR Geneva (confirmed)
*Ms. Marguerite Smith, Lawyer (confirmed)
*Ms. Delphine Red Shirt, Yale University – former Chair of NGO Committee on UN International
Decade of World's Indigenous Peoples (confirmed)
*Prof. Russel Barsh, NYU School of Law (confirmed)
*Mr. Roberto Mucaro Borrero, United Confederation of Taino Peoples (confirmed)
*Mr. Luis Delgado Hurtado, Yachay Wasi (Cuzco, Peru), Winnipeg WHIPCOE Workshop participant (confirmed).
*Mr. David Walker, Australia, Winnipeg WHIPCOE Workshop participant (invited).
*Dr. William Jonas, Aboriginal and Torres Strait Islander Social Justice Commissioner, Australia (invited)
*Dr. Patricia Parker, US National Park Service Indian Affairs, Winnipeg WHIPCOE
Workshop participant (invited)
*Ms. Henrietta Marrie, Programme officer, Traditional Knowledge, Secretariat of the Convention on Biological Diversity Social, Economic and Legal Affairs (invited)
*Mr. Gustavo Araoz, AIA, Executive Director, US ICOMOS (invited)

Members of the Permanent Forum on Indigenous Issues will be invited to the event.

Coordinated for the NGO Committee on the UN International Decade of the World's Indigenous Peoples, by Marie-Danielle Samuel, Yachay Wasi (NGO/ECOSOC & DPI),
by Hiroko Sugimoto, International Shinto Foundation (NGO/ECOSOC & DPI).

Please send a brief outline of a case involving a site sacred to your Indigenous Community, Nation, and/or People, which you feel needs more attention or is currently the subject of legal litigation. This submission (one-two pages) along with the contact information (name, address, telephone, fax and email) will be made available during the event and be presented along with a final report of the Panel Discussion to the Members of the recently established Permanent Forum on Indigenous Issues. A copy of this report will also be forwarded to you. Deadline for submissions: April 20, 2002 Send submissions to yachaywasi@igc.org

ANNOUNCEMENT

Panel Discussion: "Cultural Heritage and Sacred Sites:
World Heritage from an Indigenous Perspective"

Date: May 15, 2002
Time: 7:30 p.m.
Place: School of Law of New York University

The historic first Session of the United Nations Permanent Forum on Indigenous Issues will take place 13-24 May, 2002 at United Nations Headquarters in New York City. On May 15, the NGO Committee on the U.N. International Decade of the World's Indigenous Peoples in collaboration with the Indigenous Legal Studies Student Group of the NYU School of Law, will hold a panel discussion, "Cultural Heritage and Sacred Sites: World Heritage from an Indigenous perspective". This panel will take place in the School of Law of New York University.

Speakers will include Sarah Titchen, Chief, Policy and Statutory Implementation Unit, UNESCO World Heritage Centre; Professor Russell Barsh, NYU School of Law; Roberto Mucaro Borrero, United Confederation of Taino Peoples and Chair, NGO Committee on UN International Decade of World's Indigenous Peoples; Julian Burger, Office of the United Nations High Commissioner for Human Rights in Geneva;  Lawyer Marguerite Smith; Delphine Red Shirt, Yale University and Luis Delgado Hurtado, Yachay Wasi, from Cuzco, Peru.

Program Coordinators:
Marie-Danielle Samuel, Yachay Wasi (NGO/ECOSOC & DPI),
Hiroko Sugimoto, International Shinto Foundation (NGO/ECOSOC & DPI)

For further information on the NGO Committee on the United Nations International Decade of the World's Indigenous Peoples contact, ngo_ip_undecade@yahoo.com