A/67/301 believes that a UNESCO policy could assist greatly in supporting the rights of indigenous peoples in three principal ways: first, by assisting UNESCO to reflect on the effects of its existing programming on indigenous peoples, as part of an evaluative process; second, by assisting UNESCO in its strategic planning for programmes which affect indigenous peoples, incorporating the objective of protecting the rights of indigenous peoples into programmatic work; and third, by providing UNESCO with practical guidelines for consultation with indigenous peoples in relation to UNESCO programmes and activities. The Special Rapporteur will watch with interest the development of a UNESCO policy on indigenous peoples and expresses his willingness to provide input into this process if it would be considered useful. 2. Food and Agriculture Organization of the United Nations 43. Numerous United Nations agencies create guidelines for their programmatic work or to advise States, civil society or others in relation to various issues of concern, often with implications for the operationalization of internationally recognized human rights standards related to indigenous peoples. In the context of some of these procedures, concern has been expressed that they give States, United Nations agencies and others the opportunity to renegotiate standards which have already been agreed upon and are in place. 44. Such was the issue raised this year in relation to the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security developed by the Food and Agriculture Organization of the United Nations (FAO) and adopted by the Committee on World Food Security on 11 May 2012. The development of the Guidelines was initiated in 2009 and included some 10 consultations with Governments, civil society, the private sector, academia and United Nations agencies, among others. The Guidelines are expressly voluntary (guideline 2.1) but at the same time have potentially far-reaching implications, as they may be used by all countries and regions at all stages of economic development and for the governance of all forms of tenure (guideline 2.4). 45. Both substantive and procedural complaints have been made concerning the Guidelines. In particular, concern has been raised by a number of indigenous peoples and organizations that certain provisions fall below already agreed upon standards with respect to rights to lands and resources, which are core rights for indigenous peoples. It has been pointed out, for example, that with respect to evictions of indigenous peoples from their traditional lands, the Guidelines do not establish the free, prior and informed consent of the affected indigenous peoples as a precondition of such removal, as required in article 10 of the Declaration on the Rights of Indigenous Peoples, instead providing only that indigenous peoples and other communities with customary land tenure systems should not be forcibly evicted from their ancestral lands (guideline 9.5). 46. Also, with respect to land restitution, under section 14, the Guidelines call for restitution of lands taken from any persons, where appropriate, and in the case of indigenous peoples specifically, they state that restitution should be addressed in the national context and in accordance with national legislation. This is viewed as being much weaker and more ambiguous than the standards set out in article 28 of the Declaration, which state clearly that indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, fair compensation 12 12-46087

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