A/HRC/10/56
page 4
I. INTRODUCTION
1.
In its resolution 6/36 of 14 December 2007, the Human Rights Council decided to establish
the Expert Mechanism on the Rights of Indigenous Peoples as a subsidiary expert mechanism to
assist the Council in the implementation of its mandate, by providing it with thematic expertise
on the rights of indigenous peoples in the manner and form requested by the Council. The
thematic expertise was to focus mainly on studies and research-based advice, and the mechanism
could make proposals to the Council for its consideration and approval, within the scope of its
work as set out by the Council.
II. PROPOSALS FOR CONSIDERATION AND APPROVAL
BY THE HUMAN RIGHTS COUNCIL
Proposal 1: Organization of work
The Expert Mechanism on the Rights of Indigenous Peoples,
1.
Proposes that the Council authorize the Expert Mechanism to meet for five working
days in 2009 and to hold two days of preparatory meetings prior to its second session;
2.
Invites participants to submit relevant written documentation to the Expert
Mechanism.
Proposal 2: Durban Review Conference
The Expert Mechanism on the Rights of Indigenous Peoples,
1.
Affirms its support for the Durban review process and welcomes the request from the
Human Rights Council to contribute to the outcome of the Durban Review Conference;
2.
Notes the achievements in the area of indigenous peoples’ rights since the
2001 Durban Conference and, in particular, the adoption of the United Nations Declaration on
the Rights of Indigenous Peoples, the establishment of the mandate of the Special Rapporteur on
the situation of human rights and fundamental freedoms of indigenous people in 2001, the
Permanent Forum on Indigenous Issues, which held its first session in May 2002, and the
creation of the Expert Mechanism on the Rights of Indigenous Peoples, which met from 1
to 3 October 2008;
3.
Welcomes the positive steps taken by Governments to address the discrimination
faced by indigenous peoples, including through the introduction of legislation and ratification of
ILO Convention No. 169 on indigenous and tribal peoples in independent countries;
4.
Recommends that the Durban Declaration and Programme of Action be revised to
take into account the above-mentioned developments; in particular, the Durban Declaration and
Programme of Action should acknowledge that the right of self-determination and the principle
of free, prior and informed consent are now universally recognized through the adoption of the
Declaration, making paragraph 24 of the Durban Declaration obsolete; the Expert Mechanism