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
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