A/HRC/39/68 with the private sector, an element of the mandate that remained unexplored, and explained the step-by-step process of formally requesting country engagement. 51. The members of the Expert Mechanism made several observations regarding country engagement, including the need for documentation to be translated prior to a mission, the possibility of processing some cases without undertaking a mission, and cooperation with other mechanisms in cases when complaints or other information relevant to other mandates was brought to the attention of the Expert Mechanism during country engagement. VII. Panel discussion on recognition, reparation and reconciliation 52. The Expert Mechanism decided to hold a panel discussion on recognition, reparation and reconciliation to inform its report on that theme, the results of which it would present to the Human Rights Council at its forty-second session under paragraph 2 (b) of resolution 33/25. Ms. Davis opened the discussion on item 8, which started with presentations by Grand Chief Wilton Littlechild (former commissioner, Truth and Reconciliation Commission of Canada), Miriam Dominguez (member of the Presidential Commission on Racial Discrimination of Guatemala) and Eduardo González (expert on transitional justice). 53. Chief Littlechild discussed the current situation of indigenous peoples in Canada regarding reconciliation and analysed the impact of the Truth and Reconciliation Commission of Canada. His presentation addressed important historical moments and past State assimilation policies that had marked the lives of indigenous peoples in Canada, in particular the institution of residential schools, which were places where physical and mental abuse and discrimination had been inflicted against indigenous peoples. As a response to human rights violations, the establishment of a truth commission was a step towards restoring respectful relationships between indigenous peoples and the State. In the case of Canada, the Declaration offered a framework for reconciliation based on the right to self-determination which, in turn, implied the inherent right to self-governance. In addition, reconciliation was considered a healing process that implied, among other things, public apologies, making shared experiences visible, commemoration, recognition, truth and forgiveness. The National Council for Reconciliation had been established to facilitate the process towards justice. The Council collected data and monitored; it reported to Parliament, and the Prime Minister had to provide follow-up plans related to the Council’s reports. 54. Ms. Dominguez mentioned the forthcoming census in Guatemala (23 July) and its relevance to updating statistical data on Guatemalan indigenous peoples. She also addressed the issue of poverty among Maya, Garifuna and Xinka women as a consequence of structural discrimination, invisibility and exploitation, which was a current concern. With the Declaration as a framework, she highlighted the importance of respecting the rights of indigenous women and the need for their participation in the public sphere and in processes related to land title regulation. She noted the need to improve the adequacy of culturally sensitive public services, in particular coordination between indigenous and nonindigenous legal systems, access to justice in indigenous languages, maternal health care, bilingual education, public policies on compensation and reconciliation, restitution of material property and cultural reparation. She acknowledged that reparation was still a big challenge in the country and a matter of social rehabilitation that went beyond material compensation. 55. Mr. González addressed the key issues of reconciliation and reparation. He underlined the role of indigenous peoples as actors rather than victims and the pertinence of articles 5, 18 and 19 of the Declaration. In particular, he considered article 19 as critical to the implementation of free, prior and informed consent. Furthermore, he emphasized that truth commission processes were essential in providing evidence of otherwise invisible situations. Although most truth commissions were initially conceived within postdictatorship contexts, the specificities of indigenous issues were currently understood and increasingly being addressed within truth commission processes with regard to periods 10

Select target paragraph3