A/HRC/36/56
22.
States also often provide good follow-up to adverse findings under the individual
communications procedures of the treaty bodies. For example, in one particular case, 22
Argentina paid $53,000 in compensation plus a monthly life pension and provided a
property and a scholarship to an indigenous girl who was raped and subjected to
discrimination on the basis of her gender and ethnicity. It also initiated compulsory training
to prevent gender discrimination and violence against women. At its 109th session, the
Committee considered the implementation of that friendly settlement to be satisfactory. 23
23.
Many opportunities remain for the treaty bodies to be informed by the Declaration, a
point recognized at the 2014 World Conference on Indigenous Peoples, at which
participants called upon the treaty bodies to consider the Declaration in accordance with
their respective mandates.24 The Human Rights Committee, while dealing frequently with
issues relating to the rights of indigenous peoples, has refrained from making explicit refers
to the Declaration owing to the initial opposition by some Member States to its adoption.
Given that the situation has now changed, perhaps it is time for the Committee to change
that practice. Treaty bodies may consider cross-referencing their recommendations to
contribute to the coherence and consistency on indigenous issues. In that regard, the
Committee on the Elimination of Discrimination against Women may consider drafting a
general recommendation on indigenous women and girls, the violence against whom is
recognized as a global phenomenon.
24.
The special procedures of the Human Rights Council also take up indigenous issues,
in particular through the work of the Special Rapporteur on the rights of indigenous
peoples.25 Other special procedure mandate holders also take up issues related to indigenous
peoples, including those dealing with the environment, housing, cultural rights, violence
against women, transnational corporations and business enterprises, food, discrimination
against women in law and in practice and extreme poverty.
25.
In recent years, the issues raised by the special procedures have centred around the
rights of indigenous peoples to consultation and participation in the issues that affect them;
the precarious situation of indigenous peoples living in urban settlements; lack of
citizenship of indigenous peoples as a barrier to access to water, food and other basic needs;
discriminatory practices against women and girls, in particular in the implementation of
laws on citizenship and nationality; and the adverse impact of business-related activities on
indigenous peoples.
26.
For example, the Special Rapporteur on extreme poverty and human rights presented
a human rights-based framework for including people living in poverty in the design,
implementation and evaluation of policies and programmes. The framework drew heavily
on ILO Convention No. 169 and the Declaration on the Rights of Indigenous Peoples, as
they relate to consultation with and participation of indigenous peoples in decision-making
processes. 26 The Special Rapporteur in the field of cultural rights, during a visit to
Botswana, encouraged the Government to consult closely with the San people in relation to
implications of the inclusion of the Okavango Delta on the World Heritage List of the
United Nations Educational, Scientific and Cultural Organization (UNESCO). 27
B.
Universal periodic review
27.
A total of 991 recommendations on indigenous peoples were made during the first
two cycles of the universal periodic review. In its third cycle, initiated in May 2017, a
considerable number of recommendations were made by the Working Group on the
Universal Periodic Review regarding indigenous peoples’ rights, including a
recommendation to make reference to the situation of indigenous peoples in voluntary
22
23
24
25
26
27
8
Communication No. 1610/2007, L.N.P v Argentina, Views adopted on 18 July 2011.
See A/69/40 (Vol. I).
See General Assembly resolution 69/2, para. 29.
A/72/186.
See A/HRC/23/36.
See A/HRC/30/25, para. 68.