United Nations Permanent Forum on Indigenous Issues Intervention Pacific Caucus Intervention 12th Session Check against delivery

New York 20-31 May 2013 Friday 24 May, Item 5: Comprehensive Dialogue with UN Agencies and Funds Report of the Inter-Agency Support Group on Indigenous Peoples Issues annual meeting for 2012 (E/C.19/2013/4) Review of World Bank operational policies (E/C.19/2013/15) Indigenous peoples rights and safeguards in projects related to reducing emissions from deforestation and forest degradation (E/C.19/2013/7) Delivered by Catherine Davis: catherinedavis@hotmail.co.nz Mr Chair, Our distinguished host Indigenous Peoples of these lands, honorable indigenous brothers and sisters, Permanent Forum members, and other delegates to the Permanent Forum. Recommendations On Corporate Entity Taxation 1. We request that in the implementation of its recommendation at its Fourth Session (paragraph 40) regarding social and human rights impact assessments of the globalization and liberalization of trade and investments, the Permanent Forum incorporate urgent consideration of the issue of equitable setting of corporate tax rates and enforcement of corporate tax payments by States in relation to: a. The ability of States and corporate entities to fulfill their obligations to protect and promote Indigenous Peoples rights; and b. The role (if any) of States, the World Bank and other major finance institutions in the systematic enabling of corporate entities to commit tax avoidance and evasion. On the World Bank 2. We, the peoples of Moana Nui, connected by the currents of our ocean home, declare that we will not cooperate with the commodification of life and land as represented by APECs predatory capitalistic practices, distorted information and secret trade 1

negotiations and agreements. We invoke our rights to free, prior and informed consent. 3. Therefore, as complimentary action to its recommendation of the Tenth Session (para 20 of its report), we recommend: a. that the Permanent Forum calls for periodic comprehensive updates from the World Bank regarding its concrete plans of action to progressively realize full compliance with: i. the Declaration on the Rights of Indigenous Peoples; ii. ILO Convention 169; and iii. the principle of Free, Prior and Informed Consent:as minimal standards for any and all projects, and in the implementation of its operational and safeguard policies; b. that the Permanent Forum, in collaboration with the World Bank and the Special Rapporteur on the Rights of Indigenous Peoples conducts an examination of and a report on involuntary resettlement of Indigenous Peoples in areas where the World Bank funds major projects. 4. that the Permanent Forum strongly encourages the World Bank to improve its Accountability Mechanisms so that they focus not only on situations where their funded projects adversely impact on Indigenous Peoples, but also to proactively implement concrete measures to meaningfully contribute to the progressive realization of Indigenous Peoples right to Self-Determination. On Technological redundancy 5. We ask that in regards to its recommendation at its Seventh Session (at paragraph 70) concerning the inclusion of Indigenous Peoples rights in high-level development policies, the Permanent Forum requests that the ILO integrate into its work program with Indigenous Peoples, relevant UN Agencies and States: a. research into the nature and extent of the phenomenon of technological redundancy and its impact on Indigenous Peoples; as well as b. the issue of creating more equitable distribution of wealth.

Mr Chair, On Corporate Entity Taxation 6. At its Fourth Session (para 40), the Permanent Forum urged States, the UN system, international financial institutions, international and regional trade bodies (such as the World Trade Organization, Asia-Pacific Economic Cooperation and the Common Market of the South) to undertake social and human rights impact assessments of the globalization and liberalization of trade and investments on Indigenous Peoples' poverty situation. 7. I draw attention to one aspect in particular concerning economic and globalisation policies of these institutions and States, and that is the enabling of tax avoidance and evasion of transnational corporations (for example, through Tax havens). The value of such avoidance and evasion runs into the billions of dollars, enough to:a. Re-invest back into domestic and government initiatives for improved health care, universal education for all, culture, environmental protection, and the protection of Indigenous Peoples rights; and even b. pay off the entire debt of some nations. 8. Conversely, the value of the unpaid transnational tax equates to the degree to which civil society subsidizes corporate profits, and its symptomatic of the larger issue world wide of inequitable distribution of wealth and it is a fact that Indigenous Peoples feature the most in poverty statistics. On the World Bank 9. At its Tenth Session (paragraph 20 of its report), the Permanent Forum recommended that the OHCHR, the secretariat of the Permanent Forum, ILO, the World Bank Group and other relevant United Nations entities, including United Nations country teams, should focus on increasing the understanding of indigenous peoples underlying material rights to land and the need to give material rights priority over process rights. These agencies should undertake analytical work on how the intensity and exclusivity criteria that are commonly encompassed in domestic property rights systems could be understood in the context of international human rights standards related to indigenous property rights.

10. We know that the World Bank has operational and safeguard policies on Indigenous Peoples, but in yesterdays Permanent Forum Side Event, representatives of the World Bank admitted that such policies are not fully consistent with: i. the Declaration on the Rights of Indigenous Peoples; ii. ILO Convention 169; and iii. the principle of Free, Prior and Informed Consent. On Technological Redundancy 11. The report of the Permanent Forums Seventh Session (at para 70) recommends: that the ILO continue to work with the Forum, United Nations agencies, financial institutions, bilateral donors and other interested parties to further the inclusion of Indigenous Peoples rights in high-level development policies. 12. Many Indigenous Peoples suffer and endure significant human rights violations relating to sub-standard work and employment conditions every day. However, there is a related emerging and disturbing global employment trend, which sooner or later is going to have to be addressed. And that is the issue of technology making people redundant: in the agriculture sector, the manufacturing sector and now even in the service sector and in the professions, employment is ironically decreasing while production of goods and services is actually increasing made possible by automation and technological advances. And it is disingenuous of States to contend that they can fix unemployment while this phenomenon continues. 13. And, as we also know, Indigenous Peoples are often the first to be affected by business cut-backs and job redundancies, and we are over-represented in the unemployment statistics. Put another way, its clear that while Indigenous Peoples unpaid work in our local traditional economies is integral to Indigenous Peoples survival and wellbeing, its not recognised and valued in the current capitalist economic system.

Thank you for your attention Mr Chair.