A/HRC/12/32
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enabled the Expert Members to make further progress on drafting the study; the workshop thus
proved to be an important contribution to the work of the Expert Mechanism. OHCHR submitted
a technical report from the workshop to the second session of the Expert Mechanism
(A/HRC/EMRIP/2009/3).
33. Mr. Henriksen introduced the draft study’s four substantive chapters, namely the
international human rights framework; indigenous education systems and institutions; lessons
learned; and challenges and measures. He also stressed the importance of an annex entitled
“Expert Advice No. 1 (2009) on the right of indigenous peoples to education”, which contained a
comprehensive set of thematic advice. On the chapter related to the human rights framework, he
presented the following key elements: an overview of relevant international and regional human
rights instruments and provisions which affirmed, contextualized and elaborated upon the right
to education; what international human rights provisions stipulated as far as the aim and
objectives of education are concerned; provisions concerning the access to and the content of
education; and relevant provisions of the United Nations Declaration on the Rights of Indigenous
Peoples.
34. Moreover, Mr. Henriksen emphasized that the elimination of discrimination against
indigenous peoples was a fundamental precondition for ensuring that indigenous individuals not
be excluded from education. This required that States take measures to identify existing and
potential barriers of discrimination of indigenous peoples in the education system, including
legal, political, administrative and fiscal barriers. Hence, States should establish a method for the
collection of disaggregated data, and develop indicators conforming to international human
rights standards, for the purpose of identifying areas of discrimination and other barriers.
35. The Expert pointed out that indigenous individuals’ right to education was not only a
matter of access and availability to education, but also of the content of education - including
curricula and teaching methods - which have to be culturally appropriate and acceptable to
indigenous peoples.
36. He further highlighted the importance of the Declaration on the Rights of Indigenous
Peoples as a normative framework for the interpretation of indigenous peoples’ right to
education and the need to interpret other instruments in light of the provisions of the Declaration.
He said that the Declaration was coherent with and expands upon legally binding human rights
instruments and international jurisprudence of international supervisory bodies and mechanisms.
The Declaration, interpreted in conjunction with other international instruments, provided an
authoritative normative framework for the full and effective protection and implementation of
the rights of indigenous peoples. In the context of education, the Declaration affirmed and
applied the right to education to the specific historical, cultural, economic and social
circumstances of indigenous peoples. The study identified a large number of provisions of the
Declaration, including its articles 1 to 4, 8, 12 to 14, 17, 31 and 44, that either reaffirmed and
applied the essence of already existing human rights treaty obligations on the right to education,
or are inseparably linked to the provisions on the right to education in the Declaration, and that
these were applicable to both traditional and formal education.
37. Finally, he briefly introduced the annex of the study, containing a comprehensive set of
thematic advice related to the right of indigenous peoples to education.