A/HRC/36/57
human rights institutions and regional mechanisms have made in the promotion of
indigenous persons’ rights and the implementation of the Declaration; the main challenges
faced by national human rights institutions in this regard; how the situation of indigenous
peoples has evolved in the last 10 years thanks to the Declaration; and cooperation between
the Expert Mechanism, national human rights institutions and regional mechanisms under
the new mandate. It was also noted by members of the Expert Mechanism that the agenda
item would become a standing agenda item for future sessions of the Expert Mechanism.
33.
The panellists noted that their respective institutions were mandated to make
recommendations, provide advice, raise awareness and engage in capacity-building to
promote and protect the rights of indigenous peoples and implement the Declaration. The
challenges identified in relation to their work on indigenous peoples’ rights were
overwhelmingly concerned with the reluctance of States to commit themselves to
implementing the Declaration, the absence of formal recognition of indigenous peoples’
rights in constitutions and laws and the failure of States to ensure the participation of
indigenous peoples and the principle of free, prior and informed consent. States also
continued to view the Declaration as non-binding, thereby downplaying its normative force.
Those challenges had led to ongoing discrimination against indigenous peoples, a failure to
protect indigenous peoples’ rights, in particular cultural rights and rights to lands, territories
and resources, and an inability to enforce or monitor compliance with decisions that
recognized their rights under the Declaration.
34.
Panel members identified certain improvements in their regions since the adoption
of the Declaration, namely the increasing number of references to indigenous peoples’
rights in high-level governmental discussions, the influence of the Declaration in
policymaking, the creation of government bodies exclusively dedicated to indigenous issues
and the development of jurisprudence pertaining to the rights of indigenous persons. In
discussing the enhanced cooperation between the Expert Mechanism, national human rights
institutions and regional mechanisms under the new mandate, the panellists noted the utility
of training for indigenous peoples, public officials and other stakeholders on the work done
by the Expert Mechanism, as well as capacity-building related to the new mandate and the
Expert Mechanism’s working methods. Importantly, national human rights institutions
should also continue to report on issues affecting indigenous peoples, in particular to ensure
that the violations of their rights were included in the reviews of international human rights
bodies, such as the treaty bodies. OHCHR drew the attention of national human rights
institutions to the publication The United Nations Declaration on the Rights of Indigenous
Peoples: a Manual for National Human Rights Institutions, which might prove a useful tool
to facilitate enhanced cooperation under the new mandate.
35.
In response to a question about ways in which national human rights institutions and
regional mechanisms informed indigenous communities about their rights and about
successful decisions upholding their rights, panellists noted that either the relevant
authorities or the rights holders themselves were directly notified of the decision. Some
national human rights institutions and regional mechanisms had also published reports and
implemented specialized programmes in a variety of formats and languages, which were
designed to raise awareness amongst indigenous peoples about their rights. Many national
human rights institutions and regional mechanisms also collected evidence of violations of
indigenous peoples’ rights in the communities or regions concerned. Participants also raised
the need for greater collaboration between the Expert Mechanism, the Permanent Forum,
national human rights institutions and regional mechanisms. It was suggested that greater
collaboration could be achieved by institutionalizing collaboration and ensuring that the
exchange of information was systematic and reciprocal.
VII. Coordination meeting between the Expert Mechanism, the
United Nations Permanent Forum on Indigenous Issues and
the Special Rapporteur on the rights of indigenous peoples
36.
The members of the Expert Mechanism held a private meeting with the Chair of the
Permanent Forum, the Special Rapporteur on the rights of indigenous peoples and a
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