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
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