A/HRC/33/57 (on access to justice and accountable and inclusive institutions) has clear implications for indigenous peoples’ right to health, particularly in terms of redress. Finally, Goal 17 (which includes a target on the availability of disaggregated data) calls for enhanced capacitybuilding to increase data availability, which will assist States in identifying and remedying health inequities. 16. The negotiations held at the twenty-first session of the Conference of the Parties to the United Nations Framework Convention on Climate Change are also relevant, given the disproportionate impact that climate change has on indigenous peoples. Those negotiations culminated in the adoption of the Paris Agreement, in the preamble to which the parties to the Convention recognized the rights of indigenous peoples, referring specifically to the right to health. The parties also acknowledged that adaptation action should follow a country-driven, participatory and fully transparent approach, based on and guided by the knowledge of indigenous peoples, where appropriate (see decision 1/CP.21, annex). While the importance of the effective participation of indigenous peoples had already been noted (see decision 1/CP.16), the Paris Agreement went further by explicitly referring to human rights, signalling that States recognized the links between climate-related obligations, the right to health and indigenous peoples’ rights. 17. Finally, the Guiding Principles on Business and Human Rights are also highly relevant to indigenous peoples, who disproportionately experience health rights infringements through development-related activities carried out by non-State actors. Although they are not parties to international human rights conventions, non-State actors nevertheless have a responsibility to respect human rights, and adherence to the Guiding Principles is necessary for indigenous peoples’ health rights to be fully realized. III. Treaty rights, self-determination and health 18. The right to health is an indispensable element of indigenous peoples’ very existence and a central component of their right to self-determination. The right to self-determination is contained both in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples and article 1 of the International Covenant on Economic, Social and Cultural Rights. All human rights are interdependent, including the rights to health and selfdetermination. Indeed, full realization of health-related rights cannot be achieved without self-determination, which is a non-derogable right the realization of which has associated benefits in respect of health and other social and cultural rights. These can include an improved diet, more frequent exercise and a renewed connection with traditional economic bases.4 19. Some treaties between indigenous peoples and States provide mechanisms for the realization of indigenous peoples’ rights to health and self-determination. These legal agreements are thus highly relevant to a right-to-health analysis. Treaty No. 6, for example, to which the British Crown and indigenous peoples in Canada became parties starting in the 1870s, included a “medicine chest clause” and a “famine and pestilence clause” that have subsequently been interpreted as guarantees for the provision and delivery of health-care services, medicines and supplies to indigenous peoples by the Crown. 5 Treaties in other countries provide for self-determination, which implicitly includes control over decisions concerning the health and well-being of indigenous peoples, indirectly facilitating the realization of the right to health. In New Zealand, the right to health of the Maori people is effectively affirmed in the Treaty of Waitangi, which provides for the protection of self4 5 6 Submission by the New Zealand Human Rights Commission. Submissions by the Maskwacis Cree and the Assembly of First Nations.

Select target paragraph3