A/HRC/9/9
page 8
to lands and resources.4 Acting under the reporting procedure, the Human Rights Committee has
further considered aspects of indigenous political participation, self-government and autonomy
within the framework of the self-determination clause of article 1 of the Covenant.
23. The Committee on the Elimination of Racial Discrimination (CERD) has contributed to
promoting an understanding of the human rights obligations of States parties to the International
Convention on the Elimination of All Forms of Racial Discrimination with regard to indigenous
peoples. In 1997, the Committee adopted its general recommendation No. 23 on indigenous
peoples, interpreting the norm of non-discrimination to protect aspects of indigenous cultural
identity and language, economic and social development, effective participation, and rights over
lands, territories and resources. Subsequent general recommendations of the Committee have
addressed sexual and gender-based discrimination against indigenous women and discrimination
of indigenous peoples in their administration of justice, including denial of their indigenous legal
systems.5 Based on these interpretations of the Convention, CERD has played an increasingly
active role in combating various forms of discrimination against indigenous peoples in its
examination of the reports of States parties to the Convention. Most of the specific country
situations that have been dealt with or are currently being monitored by CERD under its early
warning/urgent action procedure are related to indigenous communities and peoples.
24. The Committee on Economic, Social and Cultural Rights has similarly identified specific
normative implications for indigenous peoples of several of the rights affirmed in the
International Covenant on Economic, Social and Cultural Rights. These include the rights to
adequate housing, including legal protection against forced evictions;6 to adequate food;7 to
education without discrimination;8 to the highest attainable standard of health;9 to water;10 and to
benefit from scientific, literary or artistic production.11
4
Paras. 24-25.
5
General recommendation No. 25 (2000), para. 2; general recommendation No. 31,
paras. 27, 36, 41.
6
General comment No. 7, para. 10.
7
General comment No.12, para. 13.
8
General comment No. 13, para. 50.
9
General comment No. 14, paras. 12 (b) and 27.
10
General comment No. 15, paras. 7 and 16.
11
General comment No. 17 (2006), paras. 9, 32, 45, and 18.b.iii.