E/C.12/2000/4
page 20
18
See World Health Assembly resolution WHA47.10, 1994, entitled “Maternal and child health
and family planning: traditional practices harmful to the health of women and children”.
19
Recent emerging international norms relevant to indigenous peoples include the ILO
Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries
(1989); articles 29 (c) and (d) and 30 of the Convention on the Rights of the Child (1989);
article 8 (j) of the Convention on Biological Diversity (1992), recommending that States respect,
preserve and maintain knowledge, innovation and practices of indigenous communities;
Agenda 21 of the United Nations Conference on Environment and Development (1992), in
particular chapter 26; and Part I, paragraph 20, of the Vienna Declaration and Programme of
Action (1993), stating that States should take concerted positive steps to ensure respect for all
human rights of indigenous people, on the basis of non-discrimination. See also the preamble
and article 3 of the United Nations Framework Convention on Climate Change (1992); and
article 10 (2) (e) of the United Nations Convention to Combat Desertification in Countries
Experiencing Serious Drought and/or Desertification, Particularly in Africa (1994). During
recent years an increasing number of States have changed their constitutions and introduced
legislation recognizing specific rights of indigenous peoples.
20
See General Comment No. 13, para. 43.
21
See General Comment No. 3, para. 9; General Comment No. 13, para. 44.
22
See General Comment No. 3, para. 9; General Comment No. 13, para. 45.
23
According to General Comments Nos. 12 and 13, the obligation to fulfil incorporates an
obligation to facilitate and an obligation to provide. In the present General Comment, the
obligation to fulfil also incorporates an obligation to promote because of the critical importance
of health promotion in the work of WHO and elsewhere.
24
General Assembly resolution 46/119 (1991).
25
Elements of such a policy are the identification, determination, authorization and control of
dangerous materials, equipment, substances, agents and work processes; the provision of health
information to workers and the provision, if needed, of adequate protective clothing and
equipment; the enforcement of laws and regulations through adequate inspection; the
requirement of notification of occupational accidents and diseases, the conduct of inquiries into
serious accidents and diseases, and the production of annual statistics; the protection of workers
and their representatives from disciplinary measures for actions properly taken by them in
conformity with such a policy; and the provision of occupational health services with essentially
preventive functions. See ILO Occupational Safety and Health Convention, 1981 (No. 155) and
Occupational Health Services Convention, 1985 (No. 161).
26
Article II, Alma-Ata Declaration, Report of the International Conference on Primary Health
Care, Alma-Ata, 6-12 September 1978, in: World Health Organization, “Health for All” Series,
No. 1, WHO, Geneva, 1978.