A/HRC/24/41/Add.3
I.
Introduction
1.
On the 18 and 19 March 2013, in the exercise of his mandate “to gather, request,
receive and exchange information and communications from all relevant sources”
(A/HRC/RES/15/14), the Special Rapporteur on the rights of indigenous peoples
participated in a consultation in Kuala Lumpur, Malaysia. Representatives of indigenous
peoples from Bangladesh, Cambodia, India, Indonesia, Japan, Malaysia, Myanmar, Nepal,
Philippines, Thailand and Viet Nam participated in the consultation, together with members
of the legislative bodies and national human rights institutions of the Philippines, Malaysia
and Thailand. Written information was also submitted by meeting participants.
2.
The consultation took place over two days. It was divided into three sessions
organized around the following principal themes: (a) lands, territories and resources, with a
focus on extractive industries; (b) militarization and impact of national security measures of
Governments; and (c) self-determination, which included issues such as identity, religious
discrimination, customary justice and political participation. Issues related to social and
economic conditions were also addressed in each of the sessions. Within each thematic
session, indigenous representatives from each country and subregion were given time to
present information to the Special Rapporteur. Subsequently, the Special Rapporteur had a
chance to ask questions and request clarifications from the meeting participants.
3.
The present report provides an overview of the main issues raised during the
consultation within each of the thematic areas. It also contains a series of overarching
conclusions and recommendations on the basis of the information received. The report
presents the issues brought to the attention of the Special Rapporteur in general terms,
without pointing out specific country examples at this time. Further, examples of
government laws and policies, as well as specific actions to address the concerns
mentioned, are not included in the report, given its nature as a report on the consultation
meeting itself. The Special Rapporteur acknowledges, however, that many noteworthy
laws, policies and programmes related to indigenous peoples, as well as good practices and
positive developments, exist throughout the region.
4.
In the coming months, within the terms of his mandate, the Special Rapporteur
intends to communicate directly with the relevant Governments about many of the concerns
raised during the consultation, and request their views on these concerns. He also intends to
issue corresponding observations and recommendations, based on the allegations received
and any responses by the Governments concerned, noting positive developments and
outstanding challenges. The communications concerning specific countries will be made
public and presented to the Human Rights Council for its attention. The Special Rapporteur
hopes that these communications, as well has his observations and recommendations, will
be of use to States, indigenous peoples’ representatives and organizations, and others in
Asia as they work to address the human rights concerns facing indigenous peoples in the
region.
5.
The Special Rapporteur would like to warmly thank the organizers and hosts of the
consultation: the Asia Indigenous Peoples Pact, the Jaringan Orang Asal Semalaysia, and
the Partners of Community Organizations in Sabah, with support from the Center for Orang
Asli Concerns. He would also like to thank those representatives from the Asia region who
presented their concerns and shared their stories with him.
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