A/HRC/39/68
need to have a standardized understanding of free, prior and informed consent throughout
all United Nations agencies. Also, since 2019 had been proclaimed the International Year
of Indigenous Languages, it was considered important that free, prior and informed consent
be implemented in indigenous languages and experts were urged to build the capacity of
indigenous communities in that regard. To conclude, reflections were shared regarding the
creation of protocols related to free, prior and informed consent.
39.
Participants added a number of recommendations and concerns, including the need
for free, prior and informed consent with regard to both public and private sector activities
affecting indigenous communities; capacity-building of local communities and NGOs; the
relevance of addressing the legitimacy of indigenous representatives in consultation
procedures; the need to include free, prior and informed consent requirements in all
measures that could affect the collective interest of indigenous peoples; and the
development of good practices. Participants from some regions also mentioned that
“fatigue” affected free, prior and informed consent processes and consultations in particular
as a consequence of non-compliance with international norms and numerous violations of
indigenous peoples’ rights as well as the fact that indigenous peoples were only expected,
and sometimes even forced, to give their consent. Some participants pointed out that free,
prior and informed consent should become a fundamental international principle.
40.
The Expert Mechanism was asked to pay particular attention to the legal
interpretation of articles 19 and 32 of the Declaration in relation to International Labour
Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169) to avoid a lack of
clarity on consent and consultation, and it was cautioned not to confuse private actors and
international financial institutions with States. Furthermore, participants remarked on the
following topics: reparation in cases of violation of intellectual property; indigenous
peoples in voluntary isolation, including their right to remain in voluntary isolation as a
manifestation of their self-determination and an expression of their non-consent; the nonrecognition of indigenous peoples, with particular emphasis on overseas territories, and the
systematic denial of free, prior and informed consent; the fear that self-determination of
peoples could conflict with the sovereignty of the State; the need to address free, prior and
informed consent as a sociological process with cultural and psychological aspects; and the
need to respect autonomous protocols of indigenous peoples.
41.
Good practices were highlighted, such as the appointment of advisory councils and
the empowerment of local communities and leaders. The Expert Mechanism also
acknowledged the participation of the International Labour Office in the discussion
regarding free, prior and informed consent. A particularly well-received advance was the
recent adoption by the European Parliament of a resolution on violation of the rights of
indigenous peoples in the world, including land grabbing, which was mentioned by the
Chair-Rapporteur in closing the agenda item. She also mentioned that the Expert
Mechanism would closely observe the requests for country engagement, and that its
members had emphasized the need for free, prior and informed consent to develop through
national practice, in which capacity-building of indigenous peoples played an important
role.
VI. Country engagement
42.
Ms. Vars opened agenda item 3, explaining how the expanded mandate would
complement the work of treaty bodies, special procedures and the universal periodic
review. She explained that the implementation of country engagement missions depended
on the specific issues to be addressed and emphasized that it was not a monitoring mandate.
The different possible actions within the country engagement mandate, including
awareness-raising and capacity-building, were then further elaborated.
43.
The Expert Mechanism had undertaken a mission to Finland from 10 to 16 February
2018 to consider amendments to the Sámi Parliament Act. In accordance with the Expert
Mechanism’s methods of work, terms of reference for the mission had been drawn up in
consultation with the parties: the Sámi parliament, the State and the Expert Mechanism.
The purpose of the Expert Mechanism’s country engagement with Finland, as agreed upon
8