A/HRC/12/33 page 4 I. INTRODUCTION 1. In resolution 9/7, the Human Rights Council requested the Expert Mechanism to prepare a study on lessons learned and challenges to achieve the implementation of the right of indigenous peoples to education, and to conclude it by 2009.1 II. INTERNATIONAL HUMAN RIGHTS FRAMEWORK 2. Indigenous peoples have historically been among the poorest and most excluded and disadvantaged sector of society. A major factor contributing to the disadvantaged position of indigenous peoples is the lack of quality education - which may be defined as education that is well resourced, culturally sensitive, respectful of heritage and that takes into account history, cultural security and integrity, encompasses human rights, community and individual development, and is designed in a way that is implementable - depriving millions of indigenous children of the basic human right to education. 3. International human rights law recognizes the right to education as a basic human right for everyone. When elaborating on the right to education of indigenous peoples, it is necessary to take into account two categories of human rights provisions: (a) general human rights provisions acknowledging and defining the content of the individual right to education; and (b) international standards specifically recognizing indigenous peoples’ rights, including the provisions of the United Nations Declaration on the Rights of Indigenous Peoples. 4. The Declaration reflects the existing international consensus regarding individual and collective rights of indigenous peoples in a way that is coherent with, and expands upon, international human rights standards, including the interpretation of human rights instruments by international bodies and mechanisms. As the most authoritative expression of this consensus, the Declaration provides a framework of action aiming for the full protection and implementation of these rights, including the right to education. 5. Education is recognized as both a human right in itself and an indispensable means of realizing other human rights and fundamental freedoms, the primary vehicle by which economically and socially marginalized peoples can lift themselves out of poverty and obtain the means to participate fully in their communities. Education is increasingly recognized as one of the best long-term financial investments that States can make. 6. Education of indigenous children contributes to both individual and community development, as well as to participation in society in its broadest sense. Education enables indigenous children to exercise and enjoy economic, social and cultural rights, and strengthens their ability to exercise civil rights in order to influence political policy processes for improved protection of human rights. The implementation of indigenous peoples’ right to education is an 1 In resolution 10/28, the Council requested the Advisory Committee to submit a draft Declaration on Human Rights Education and Training while the Forum on Minority Issues addressed the issue of education at its first session.

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