A/HCR//18/42
I.
Introduction
1.
In its resolution 12/13, the Human Rights Council requested the Expert Mechanism
to carry out a study on indigenous peoples and the right to participate in decision-making,
to present a progress report to the Council at its fifteenth session and a final study at its
eighteenth session.
2.
The
Expert
Mechanism
presented
its
progress
report
on
the
study
(A/HRC/EMRIP/2010/2) to the Human Rights Council at its fifteenth session, taking into
account discussions at the Expert Mechanism’s third session, held in July 2010. In that
report, the Expert Mechanism analysed the relevant international human rights framework,
indigenous peoples’ internal decision-making processes and institutions and indigenous
peoples’ participation in decision-making mechanisms linked to State and non-State
institutions and processes affecting indigenous peoples.
3.
In its resolution 15/7, the Council welcomed the successful completion by the
Expert Mechanism of its progress report, encouraged it to finalize the study in accordance
with Council resolution 12/13, and requested it to give examples of good practices at
different levels of decision-making.
4.
The present final report on the study on indigenous peoples and the right to
participate in decision-making complements the progress report by focusing on examples of
good practices of indigenous peoples’ participation in different levels of decision-making.
5.
As in the case of the Expert Mechanism’s first study, the Mechanism includes
advice associated with the corresponding study, in this case on indigenous peoples and the
right to participate in decision-making.
6
The examples of good practices described in the present report are drawn from the
Expert Mechanism’s own research and submissions received, after calling for information
from, inter alia, States, and a technical workshop held in March 2011.
7.
The examples outlined below have the potential to assist States, indigenous peoples,
international organizations, national human rights institutions and others to protect and
promote indigenous peoples’ participation in decision-making.
8.
At the third session of the Expert Mechanism, many observers provided comments
on the State’s duty to obtain indigenous peoples’ free, prior and informed consent, and were
used to inform the present report and, in particular, advice No. 2 (see annex).
3