A/HRC/12/33
page 26
Annex
EXPERT MECHANISM ADVICE No. 1 (2009) ON THE RIGHTS
OF INDIGENOUS PEOPLES TO EDUCATION
1.
Education is a universal human right fundamental to the exercise of other human rights;
everyone has the right to education pursuant to international human rights law. Education is also
an empowerment right, through which economically and socially marginalized individuals can
obtain means to participate fully in their communities and economies, and in the society at large.
2.
Education is the primary means ensuring indigenous peoples’ individual and collective
development; it is a precondition for indigenous peoples’ ability to realize their right to
self-determination, including their right to pursue their own economic, social and cultural
development.
3.
The right of indigenous peoples to education includes the right to provide and receive
education through their traditional methods of teaching and learning, and the right to integrate
their own perspectives, cultures, beliefs, values and languages in mainstream education systems
and institutions. The right to education for indigenous peoples is a holistic concept incorporating
mental, physical, spiritual, cultural and environmental dimensions.
4.
The full enjoyment of the right to education as recognized in international human rights
law is far from reality for most indigenous peoples. Deprivation of access to quality education is
a major factor contributing to social marginalization, poverty and dispossession of indigenous
peoples. The content and objective of education to indigenous peoples in some instances
contributes to the assimilation of indigenous peoples into mainstream society and the eradication
of their cultures, languages and ways of life.
5.
The right of everyone to education is enshrined in numerous international human rights
instruments, including the Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Covenant on Civil and Political
Rights, the Convention on the Rights of the Child, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women, ILO Convention No. 117 on Social Policy, the
UNESCO Convention against Discrimination in Education. It is also reaffirmed in various
regional human rights instruments.
6.
The United Nations Declaration on the Rights of Indigenous Peoples, and ILO Convention
No. 169 concerning Indigenous and Tribal Peoples in Independent Countries contain specific
provisions on indigenous peoples’ right to education. Several treaties between indigenous
peoples and States acknowledge the right of indigenous peoples to education and educational
services as a treaty right.
7.
The Declaration is coherent with and expands upon legally binding human rights
instruments and international jurisprudence developed by international supervisory bodies and
mechanisms. The Declaration, interpreted in conjunction with other international instruments,
provides an authoritative normative framework for the full and effective protection and