A/HRC/60/29
consent as a norm stemming from the prohibition of racial discrimination, which is the main
underlying cause of most discrimination suffered by Indigenous Peoples. 12
16.
Under the Convention on the Rights of the Child, States are required to recognize
Indigenous children as holders of the right, in community with other members of their group,
to enjoy their own culture, to profess and practise their own religion, or to use their own
language.13 The Committee on the Rights of the Child has addressed the rights of Indigenous
children in its general comments14 and communications.15
17.
The Committee on Economic, Social and Cultural Rights has affirmed that land is
closely linked to the right to self-determination and that Indigenous Peoples can freely pursue
their political, economic, social and cultural development and dispose of their natural wealth
and resources for their own ends only if they have land or territory in which they can exercise
their self-determination.16
18.
The Committee on the Elimination of Discrimination against Women has noted that
discrimination and violence are recurrent phenomena in the lives of many Indigenous women
and girls living in rural, remote and urban areas. 17 The Committee has provided
comprehensive guidance to States on implementing their obligations, highlighting the need
for legal recognition of Indigenous identity, protection from gender-based violence, and
access to culturally appropriate health and education services.18 In its Views concerning a
communication on the subject of gender discrimination against Indigenous Peoples, the
Committee recalled that Indigenous Peoples and individuals had the right to belong to an
Indigenous community or nation, in accordance with the traditions and customs of the
community or nation concerned, which was essential to prevent forced assimilation. It also
recalled that failure to consult Indigenous Peoples and Indigenous women whenever their
rights might be affected constituted a form of discrimination, and that the obligation to obtain
free, prior and informed consent had been qualified as a general principle of international
law.19
19.
The Committee of Experts on the Application of Conventions and Recommendations,
of the International Labour Organization (ILO), has repeatedly reminded States of their
obligations to recognize Indigenous Peoples as such, to undertake systematic and coordinated
efforts to protect their rights, to consult with Indigenous Peoples with the objective of
achieving agreement or consent and to ensure their participation in decision-making
processes. The Committee of Experts has underscored the importance of guaranteeing that
all peoples who meet the criteria provided for in the ILO Indigenous and Tribal Peoples
12
13
14
15
16
17
18
19
4
Committee on the Elimination of Racial Discrimination, Ågren et al. v. Sweden
(CERD/C/102/D/54/2013), para. 6.16.
Art. 30.
See Committee on the Rights of the Child, general comments No. 20 (2016), No. 21 (2017) and
No. 26 (2023), and joint general comment No. 4 of the Committee on the Protection of the Rights of
All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the
Child (2017).
In September 2024, the Committee on the Rights of the Child and the Committee on Economic,
Social and Cultural Rights adopted Views concerning three communications against Finland: M.E.V,
S.E.V. and B.I.V. v. Finland (CRC/C/97/D/172/2022) and J.T. et al. v. Finland
(E/C.12/76/D/251/2022-E/C.12/76/D/289/2022). Both Committees concluded that the country
had violated the rights of belonging to Kova-Labba Siida, a community of Sami reindeer herders, by
granting a mineral exploration permit and a reservation in respect of areas on their traditional territory
without conducting an impact assessment and without obtaining their free, prior and informed
consent.
Committee on Economic, Social and Cultural Rights, general comment No. 26 (2022), para. 11.
See Committee on the Elimination of Discrimination against Women, general recommendation
No. 39 (2022).
Ibid.
Matson, I.D.M. and A.M.M. v. Canada (CEDAW/C/81/D/68/2014), paras. 18.4 and 18.11.
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