A/HRC/12/32
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V. DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
61. The Chairperson-Rapporteur opened the discussion under the agenda item on the
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and its
sub-item (a) on “Implementation of the Declaration at the national and regional levels” and
sub-item (b) on “Adjudication, remedies, repatriation, redress and compensation”. She asserted
that the sole reference to the Declaration in the preamble of Council resolution 6/36 meant that
this instrument could constitute a key normative framework in formulating thematic advice from
the Expert Mechanism. She stressed that the consideration of agenda item 4 (a) was not meant to
establish the Expert Mechanism as a monitoring body on the implementation of the Declaration.
Ms. Lasimbang also provided the basis for the discussion on agenda item 4 (b) which can be
found in articles 8, 10 to 12, 20, 27, 28, 32 and 40 of the Declaration.
62. Expert Member John Henriksen recalled that, at the first session of the Expert Mechanism,
the Indigenous Caucus had proposed several thematic issues for discussion, including the right to
self-determination and adjudication, remedies, repatriation, redress and compensation. The
Expert Mechanism had opted to include the latter as a sub-item. He also expressed the wish that
the future thematic focus of the Expert Mechanism would naturally emerge from the discussions
and informal consultations the Expert Mechanism would be pursuing with governmental
delegations and representatives of indigenous peoples.
63. He said that this agenda item reflects the Expert Mechanism’s wish to initiate and
encourage discussions about possible ways and means for making the provisions of the
Declaration a reality on the ground. He concurred with the Chairperson-Rapporteur that the
Expert Mechanism had no intention of trying to position itself as a monitoring body for the
implementation of the Declaration, simply because it is not mandated to do so. He declared that
the Expert Mechanism nevertheless had a duty to promote respect for and full application of the
provisions of the Declaration. He further declared that this followed from article 42 of the
Declaration, which establishes a duty for the United Nations, its bodies and agencies to promote
the respect for and full application of the Declaration and follow up the effectiveness of the
instrument.
64. Mr. Henriksen affirmed that the main challenge for the international community and for
Member States was to ensure that the Declaration is implemented at national and regional levels,
in consultation and cooperation with indigenous peoples. He underlined that the Declaration
represents a commitment on the part of the United Nations and its Member States, to its
provisions, within the framework of the obligations established by the Charter of the
United Nations to promote and protect human rights in a non-discriminatory basis. He said that
the Expert Mechanism stands ready to contribute towards the realization of the Declaration
within the scope of its mandate as established by the Council.
65. The Secretariat conveyed some information on the activities that OHCHR has undertaken
to contribute to the implementation of the Declaration, including promotional, awareness-raising
and training activities. OHCHR also referred to two documents issued by the Office: one is the
draft guidelines on the protection of indigenous peoples in voluntary isolation in the Amazon
basin and the other is a report on the technical workshop on natural resource companies,
indigenous peoples and human rights. These initiatives were welcomed by observers, who