A/HRC/30/52
VII. Follow-up to thematic studies and advice
49.
Mr. Mansayagan recalled the mandate of the Expert Mechanism and listed the
studies and advice it had issued previously. He recalled that the studies and advice were
intended to provide a better understanding of the provisions of the Declaration on the
Rights of Indigenous Peoples and to suggest specific action that States, indigenous peoples,
civil society, international organizations, national human rights institutions and others could
take in order to further its implementation. He noted that the studies of the Expert
Mechanism placed special emphasis on the participation of indigenous peoples themselves
in decisions that affected them.
50.
A representative of the Indigenous Persons with Disabilities Global Network
acknowledged the usefulness of the previous studies of the Expert Mechanism as guidance
tools for advocacy and policy development. The Network suggested that the Expert
Mechanism consult indigenous persons with disabilities in the development of its future
studies and advice.
51.
Mr. Tsykarev urged States to ensure that initiatives that had been identified as good
practices in previous studies of the Expert Mechanism were not weakened. He encouraged
both States and indigenous peoples to use the opportunity afforded by the agenda item to
keep the Expert Mechanism abreast of recent developments regarding the themes of its
previous studies.
VIII. Study and advice on the promotion and protection of the
rights of indigenous peoples with respect to their cultural
heritage
52.
Mr. Tsykarev expressed his gratitude to the University of Lapland, which had,
jointly with OHCHR, organized an expert seminar on the topic of the study in February
2015. He thanked all the experts who had participated in the seminar for their valuable
contribution to the study and all the States, indigenous peoples’ organizations, nongovernmental organizations and national human rights institutions that had provided
submissions to the study. He gave a detailed overview of the study, focusing on the advice
with respect to cultural heritage that the Expert Mechanism had provided to States,
indigenous peoples, international organizations and museums.
53.
The draft of the study was well received by representatives of State and indigenous
peoples. Participants commended the Expert Mechanism for highlighting the holistic and
intergenerational nature of cultural heritage, and emphasizing the links between cultural
heritage and lands, territories and resources. Indigenous representatives also welcomed the
emphasis placed on free, prior and informed consent in relation to cultural and natural
heritage. Given the alarming pace at which indigenous languages were being lost, several
participants drew attention to the need to preserve and promote indigenous languages
through effective mother tongue education programmes. Participants also requested the
Expert Mechanism to pay special attention to the need to revitalize the customary practices
and traditional governance systems of indigenous peoples.
54.
Many participants highlighted the fact that, in paragraph 27 of the outcome
document of the World Conference, States committed themselves to developing fair,
transparent and effective mechanisms for access to and repatriation of ceremonial objects
and human remains. During the discussion, indigenous representatives discussed several
cases in which they had been unable to recover ceremonial objects, human remains and
other articles related to their heritage from museums, collectors and other repositories.
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