A/HRC/36/57
peoples as an instrument based on existing human rights obligations contained within the
core international human rights treaties. For example, the Human Rights Committee and the
Committee on the Elimination of Discrimination against Women address the rights of
indigenous peoples and the Declaration in their concluding observations, communications
and general recommendations and comments. During the discussion, the Committee on the
Elimination of Discrimination against Women also indicated that it was considering
developing a general recommendation on the rights of indigenous women. It should be
noted that the Expert Mechanism had the opportunity to meet informally with the latter
Committee during the tenth session to discuss subjects of mutual interest. The Expert
Mechanism is grateful to the Geneva Academy of International Humanitarian Law and
Human Rights for having sponsored this event under the Geneva treaty body platform.
40.
Notwithstanding the aforementioned positive developments, participants agreed that
an implementation gap existed between the support shown by States for the Declaration at
the international level and concrete action to promote and protect indigenous peoples’
rights at the national level. One of the key barriers to implementation was the failure of
some States to recognize indigenous peoples, denying them the rights contained in the
Declaration. Other States demonstrated a tendency to adopt legislation that recognized the
rights of indigenous peoples while failing to amend other laws that violated their rights,
including laws on extractive industries, forestry and agriculture. Experts and observers also
voiced concern at the escalating number of attacks against indigenous human rights
defenders, often in the context of development projects carried out without the free, prior
and informed consent of the indigenous peoples concerned.
41.
Securing implementation of the Declaration was the challenge of the next decade.
Participants noted that the participation of indigenous peoples was critical if full
implementation was to be achieved. In that regard, indigenous peoples needed to be
supported by means of capacity-building programmes that improved their awareness of the
rights contained in the Declaration, in particular rights to indigenous lands and territories,
and the principle of free, prior and informed consent. The Expert Mechanism, the
Permanent Forum and the Special Rapporteur on the rights of indigenous peoples also
needed to ensure that their areas of thematic focus continued to extend beyond human
rights and development alone to include climate change and conservation, for example the
United Nations Framework Convention on Climate Change and climate change mitigation
and adaptation.
42.
Regarding the treaty bodies, the representatives of the Human Rights Committee and
the Committee on the Elimination of Discrimination against Women indicated that those
bodies would welcome a briefing by the Expert Mechanism, the Permanent Forum or the
Special Rapporteur on the rights of indigenous peoples and would welcome more
information on country-specific situations regarding indigenous peoples’ rights. The
representative of the Human Rights Committee also indicated that the latter would be
interested in exploring possible future coordination with the Expert Mechanism on ways to
support the implementation of its recommendations. As noted in the outcome document of
the World Conference on Indigenous Peoples, national action plans to achieve the ends of
the Declaration were an invaluable tool for States to give effect to their international human
rights obligations regarding the rights of indigenous peoples, and therefore to achieve the
ends of the Declaration.
X. Intersessional activities and follow-up to thematic studies and
advice on the rights to cultural heritage and health
43.
As Chair for the item, Mr. Tsykarev provided an overview of the three intersessional
activities that had taken place in March 2017 (see section II above). Regarding the followup to thematic studies and advice, Mr. Tsykarev noted that UNESCO had used the study on
cultural heritage during the development of its new policy on engaging with indigenous
peoples. He encouraged UNESCO to include a section in the policy on the repatriation of
indigenous peoples’ cultural heritage and to keep further debate on the policy open and
participatory for all stakeholders.
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