A/HRC/36/56
expresses and reflects legal commitments under the Charter of the United Nations, as well
as treaties, judicial decisions, principles and customary international law.
10.
The section below confirms that many of the rights contained in the Declaration are
already guaranteed by major international human rights instruments and have been given
significant normative strength, including through the work of the treaty bodies, regional and
national courts.
III. International bodies implementing the Declaration
A.
United Nations treaty bodies and special procedures
11.
The Declaration has strengthened the work of the United Nations human rights
treaty bodies to pay particular attention to the situation of indigenous peoples in the
monitoring of human rights treaties. To some extent, the 10 treaty bodies (the Committee
on the Elimination of Racial Discrimination, the Committee on the Rights of the Child, the
Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of
Discrimination against Women, the Human Rights Committee, Committee on the Rights of
Persons with Disabilities, Committee against Torture, Committee on Migrant Workers,
Committee on Enforced Disappearances, Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment) 8 deal with indigenous rights.
Indigenous peoples can claim their rights in all human rights treaties, but some treaties
make explicit reference to those rights. Nonetheless, access to such bodies is still very
restricted, as most indigenous peoples in the world are not aware of their existence and, in
many countries, they may also be unaware of the Declaration and national legislation that
protects their rights. Access to justice by indigenous peoples is a significant issue for the
enjoyment of human rights and demands stronger communication and information
initiatives from the various actors.
12.
Under the reporting procedures of the treaties, the Committee on the Elimination of
Racial Discrimination has made the highest number of recommendations in the past ten
years (470), followed by the Committee on the Rights of the Child (232), the Committee on
Economic, Social and Cultural Rights (172), the Committee on the Elimination of
Discrimination against Women (143), the Human Rights Committee (74), the Committee
on the Rights of Persons with Disabilities (29), the Committee against Torture (23), the
Committee on Migrant Workers (2) and the Committee on Enforced Disappearances (1). 9
The number of recommendations made by the treaty bodies relates, inter alia, to: the extent
to which indigenous rights are specifically mentioned in the treaties or drawn from other
articles; the number of States that have ratified the treaty and have indigenous peoples; and
the extent to which indigenous peoples feed into the treaty body process.
13.
It is no surprise that the Committee on the Elimination of Racial Discrimination,
which specifically deals with the elimination of racial discrimination and has adopted
8
9
The Committees monitor the implementation by States of the rights enshrined in the following
treaties: the International Convention on the Elimination of All Forms of Racial Discrimination; the
Convention on the Rights of the Child; the International Covenant on Economic, Social and Cultural
Rights; the Convention on the Elimination of All Forms of Discrimination against Women; the
International Covenant on Civil and Political Rights; the Convention on the Rights of Persons with
Disabilities; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families; and the International Convention for the Protection of All Persons from
Enforced Disappearance. The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment is a subcommittee of the Committee against Torture.
The Committee on Enforced Disappearances has also considered indigenous issues under its urgent
action procedure, including the cases of an indigenous leader of the Yaqui nation, and the leader of
the Organización campesina de los pueblos indígenas de Ayutla. The Subcommittee on Prevention of
Torture also brings up indigenous issues in its reports following monitoring visits to places of
detention.
5