A/HRC/39/68
31.
A total of 17 side events were held during the session on a broad array of themes
relating to the rights of indigenous peoples. A full listing is available at the Mechanism’s
webpage.2
B.
Opening of the session and adoption of the agenda
32.
Mohawk Chief Howard Thompson conducted a ceremonial opening prayer, after
which Mr. Barume, the outgoing Chair-Rapporteur of the Expert Mechanism, opened the
eleventh session and welcomed the United Nations Deputy High Commissioner for Human
Rights and the President of the Human Rights Council. The agenda, as contained in
document A/HRC/EMIP/2018/1, was adopted.
33.
The President of the Human Rights Council highlighted the following points: the
importance of the United Nations Voluntary Fund for Indigenous Peoples in ensuring
participation and advancing the rights of indigenous peoples; the proclamation of 2019 as
the International Year of Indigenous Languages, encouraging States to participate; concerns
around the inadequate implementation of the United Nations Declaration on the Rights of
Indigenous Peoples at the national level; and the engagement of Member States and
indigenous peoples with the Expert Mechanism under its new mandate. The President also
brought up the issue of acts of intimidation or reprisals against individuals or groups who
cooperated or sought to cooperate with the Council, calling on States to prevent and ensure
adequate protection against such acts.
34.
The Deputy High Commissioner highlighted the following issues: structural
discrimination against indigenous peoples; the deprivation of their rights, dispossession of
ancestral land and deprivation of resources necessary for physical and cultural survival;
attacks on collective rights to land, territory and resources, and the continued attacks
against and killings of indigenous peoples across the world; free, prior and informed
consent as a manifestation of the right to self-determination; the exercise of the Expert
Mechanism’s new mandate for country engagement, which must be understood as inclusive
of direct and active engagement by indigenous peoples; and the fact that compliance with
free, prior and informed consent helped human rights defenders in the light of reprisals,
which represented a grave threat to their freedoms of expression, assembly and association
and even their right to life.
C.
Election of officers
35.
Ms. Yamada was elected Chair-Rapporteur and Ms. Vars and Ms. Carpenter were
elected Vice-Chairs-Rapporteurs by acclamation.
V. Study and advice on free, prior and informed consent
36.
On opening agenda item 4, Ms. Yamada stated that the Expert Mechanism looked
forward to receiving the views of indigenous peoples, States and United Nations
mechanisms and agencies on the draft study on free, prior and informed consent. She
welcomed the recommendations of indigenous peoples and other stakeholders as essential
to completing the study.
37.
Mr. Barume introduced the draft study. He mentioned that the Expert Mechanism
had received over 50 submissions from indigenous peoples’ organizations, Member States,
academics, United Nations agencies and other stakeholders for the completion of the study.
38.
Experts noted that, as free, prior and informed consent was rooted in the right to
self-determination, it was both a standard and a norm which imposed a requirement on the
State. Of particular concern in relation to self-determination and consent were the rights of
indigenous peoples in voluntary isolation and/or initial contact. The experts highlighted the
2
See www.ohchr.org/Documents/Issues/IPeoples/EMRIP/Session11/SideEventsTimetable.pdf.
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