A/HRC/57/47
I. Introduction
1.
Worldwide, there are an estimated 1.3 billion persons with disabilities, or 16 per cent
of the world’s population.1 While there is a lack of disaggregated global data on Indigenous
persons with disabilities, it is estimated that they number more than 54 million.2 The rate of
disability among Indigenous Peoples is higher because of many factors, including dangerous
working conditions, lower standards of living and the poor quality of the medical services
available to them.
2.
Indigenous persons with disabilities often experience multiple forms of individual and
structural discrimination that create barriers to the full enjoyment of their rights, based on
their Indigenous identity and their disability. Intersecting layers of discrimination can limit
their access to the justice system, development programmes and funds, education,
employment, health care, communications, and transportation services. Owing to
marginalization, poverty and “invisibility”, Indigenous persons with disabilities are not
always able to voice their concerns and exercise their rights.
3.
The Special Rapporteur on the rights of Indigenous Peoples identified the theme of
the present report after hearing directly from Indigenous persons with disabilities about the
challenges that they face in exercising their rights. Pursuant to Human Rights Council
resolution 51/16, the Special Rapporteur is to pay special attention to the human rights and
fundamental freedoms of Indigenous persons with disabilities in carrying out his mandate.
4.
The present report builds upon the findings and reports of the Permanent Forum on
Indigenous Issues, the Expert Mechanism on the Rights of Indigenous Peoples, the Office of
the United Nations High Commissioner for Human Rights (OHCHR), the Special Rapporteur
on the rights of persons with disabilities and the International Labour Organization.
5.
In the preparation of this report, the Special Rapporteur issued a call for input to
Member States, Indigenous Peoples’ organizations, academics and non-governmental
organizations.3 He expresses his gratitude to all those who provided written contributions, as
well as everyone who participated in and contributed to the consultations held online on 2
and 3 May 2024. The Special Rapporteur also reviewed official United Nations documents
and thematic studies and drew on information gathered during country visits.
II. International legal instruments
6.
International legal standards recognizing the rights of Indigenous persons with
disabilities are set out in numerous instruments, including but not limited to the
United Nations Declaration on the Rights of Indigenous Peoples, the International Labour
Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Convention on
the Rights of Persons with Disabilities and its Optional Protocol, the Convention on the
Elimination of All Forms of Discrimination against Women and the Convention on the Rights
of the Child.
7.
Articles 21 and 22 of the United Nations Declaration on the Rights of Indigenous
Peoples recognize the right of Indigenous persons with disabilities to the improvement of
their socioeconomic conditions, education, employment, housing, sanitation, health and
social security without discrimination. They further stipulate that States shall take effective
measures and, where appropriate, special measures to ensure continuing improvement of
their economic and social conditions.
8.
Indigenous persons with disabilities enjoy not only individual rights but also
collective rights as members of communities of Indigenous Peoples, as established in
international human rights instruments such as the United Nations Declaration on the Rights
of Indigenous Peoples and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
1
2
3
GE.24-12379
See https://www.who.int/health-topics/disability.
E/C.19/2013/6, para. 2.
See https://www.ohchr.org/en/calls-for-input/2024/call-inputs-indigenous-persons-disabilities.
3