A/HRC/18/43 lands, natural resources and territories, and deficiencies in funding and the lack of infrastructure to support indigenous peoples’ participation and the right to use traditional systems of decisionmaking. Other observers highlighted the fact that, in the matter of participation in decisionmaking, national human rights institutions can represent a bridge between the State and indigenous peoples. Several States highlighted good practices and the improvements made in the area. 31. Dr. Littlechild thanked, inter alia, States, indigenous peoples, national human rights commissioners and academics for their contributions and critical analysis of the final report of the Expert Mechanism on its study on indigenous peoples and the right to participate in decision-making. During discussion of this important agenda item, the Expert Mechanism heard of situations throughout the world of exclusion (for example, of youth and traditional Governments) and lack of recognition of indigenous peoples, which constitute ongoing violations of the right to participate in decision-making. Some of the key issues highlighted included the electoral violence, the need for intercultural communications, cross-border issues and the recently approved Guidelines on Business and Human Rights. The Expert Mechanism heard that there was a need to continue building on the findings of its final report on indigenous peoples and the right to participate in decision-making and to continue to focus on the right to self-determination, free, prior and informed consent, rights relating to lands, territories and resources while leaving behind “consultation”, a process right that had been overemphasized, with the result of obscuring the material rights that underpin indigenous peoples’ lives and livelihoods. Observers also spoke of the need for the United Nations Educational, Scientific and Cultural Organization (UNESCO) and other United Nations agencies to enable and ensure effective representation and participation of indigenous peoples in decision-making (including management and protection of rights), especially with respect to the UNESCO conventions and policies relevant to indigenous peoples. 32. Dr. Littlechild identified the difficulties associated with the non-recognition and exclusion of groups as indigenous peoples, which create an impediment to the participation of indigenous peoples in decision-making. More generally, he emphasized the interrelationship between indigenous peoples’ rights to self-determination, free, prior and informed consent and lands, territories and resources. 33. Dr. Littlechild also noted the requests for clarification of the final report of the Expert Mechanism and stated that they would be considered in the finalization of that study. He highlighted the important interventions made in relation to the activities of extractive industries, which was a topic of a current study of the Special Rapporteur on the rights of indigenous peoples. 34. Ms. Chukhman emphasized the fundamental importance of the right of indigenous peoples to participate in decision-making, highlighting in particular the need for guarantees for indigenous youth to participate in decision-making that affects them. She mentioned the need for resources to facilitate indigenous peoples’ participation in decision-making and, in that context, the need to close the gap between the right and the challenges facing indigenous peoples in participating on the ground at all levels of decision-making. 35. Ms. Chukhman reminded participants of indigenous peoples’ history of making decisions autonomously and the need for many indigenous peoples to revive their own decision-making processes. She also highlighted the need for indigenous peoples to have access to mass media to facilitate their participation in decision-making. 36. Mr. Morales Morales congratulated States for the attention they placed on the report of the Expert Mechanism on indigenous peoples and participation in decision-making. He noted the need to include indigenous peoples in decisions associated with development and suggested that the Human Rights Council, supported by the Expert Mechanism, could work with States to identify peaceful solutions to these issues. Mr. Morales Morales also identified free, prior and informed consent and processes to facilitate proper consultation with indigenous peoples as an area of continued work, calling on indigenous peoples to identify means through which the 10

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