A/HRC/10/56
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VI.
REVIEW AND RECOMMENDATIONS TO THE OUTCOME
TO THE DURBAN REVIEW CONFERENCE
42. The Chairperson-Rapporteur referred to Council resolution 9/7, in which the Expert
Mechanism is requested to undertake a review of the Durban Declaration and Programme of
Action and submit recommendations as contributions to the outcome of the Durban Review
Conference, through its Preparatory Committee. He invited observers to provide
recommendations for the Mechanism’s input to the Durban review process for the imminent
second session of the Preparatory Committee, from 6 to 17 October 2008, and the Review
Conference itself, pursuant to Council resolution 9/7.
43. The Chairperson-Rapporteur reported that the Expert Mechanism had entrusted two of its
members, Mr. Morales and Ms. Odimba Kombe, with the overall responsibility for preparing the
above-mentioned recommendations.
44. Mr. Morales and Ms. Odimba Kombe introduced the agenda item by pointing out that the
Durban Declaration and Programme of Action included a number of paragraphs dealing
specifically with discrimination against indigenous peoples, but that some of the paragraphs,
such as paragraphs 24, 44, 45, had become obsolete owing to recent developments, most notably
by the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.
45. There was consensus among the participants that the Expert Mechanism should review the
Durban Declaration and Programme of Action and make recommendations for the Durban
review process, taking into account that the United Nations Declaration on the Rights of
Indigenous Peoples should provide the normative framework for the Durban review process with
regard to indigenous peoples. It was suggested that changes should be made to the Durban
Declaration and Programme of Action based on the Declaration as a reference document for the
minimum standards to combat discrimination against indigenous peoples.
46. Many participants reported that indigenous peoples continue to be targets of racism and
discrimination in all parts of the world, which was also the conclusion of a recent draft report of
the intersessional open-ended working group, issued on 29 September 2008, and the Durban
review process should thus pay close attention to the need for implementation of the rights and
freedoms contained in the Declaration on the Rights of Indigenous Peoples, particularly those
related to non-discrimination and equality (such as articles 1, 2, 7, 8, 9, 15, 21 and 22).
47. Many participants argued that the Durban Declaration and Programme of Action fell well
below currently recognized international human rights standards and thus needed to be revised.
The basis for its revision should be the full implementation of the United Nations Declaration on
the Rights of Indigenous Peoples. For example, paragraph 24 of the Durban Declaration and
Programme of Action states that the term “indigenous peoples” could not “be construed as
having any implications as to rights under international law”. As such, the Durban Declaration
and Programme of Action denies indigenous peoples the right to self-determination in article 3
of the Declaration and other well-established international standards. Similarly, paragraph 43 of
the Durban Declaration and Programme of Action limits the right of indigenous peoples to
ownership of their lands to domestic law and not the international standard of traditional use, as
found in articles 25 and 26 of the Declaration as well as the jurisprudence of the treaty bodies
and regional mechanisms. The Durban Declaration and Programme of Action also does not