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Mechanism, which is mandated by the Human Rights Council to invite the Special Rapporteur to
its annual session in order to “enhance cooperation and avoid duplicating the work” of the
respective mechanisms (Human Rights Council resolution 6/36, art. 5).
8.
During the course of his work, the Special Rapporteur has noted a significant level of
confusion among indigenous groups, NGOs, and other stakeholders about the respective roles
and functions of the three mechanisms, as well as their place within the institutional structure of
the United Nations. Continued education about the individual mandates and functions of these
mechanisms is essential. The United Nations Permanent Forum on Indigenous Issues was
established in 2000 as an advisory body to the United Nations Economic and Social Council,
focusing mainly on indigenous issues in the field of economic and social development, culture,
the environment, education, health and human rights.1 The United Nations Permanent Forum is
made up of 16 individual experts and meets annually for two weeks in New York. The Expert
Mechanism on the Rights of Indigenous Peoples, which held its first annual session in
October 2008, is composed of five individual experts with a mandate to provide the Human
Rights Council with thematic expertise on the rights of indigenous peoples, mainly in the form of
studies and research-based advice (Human Rights Council resolution 6/36, art. 1, para. (a)). This
year, the Human Rights Council has requested the Expert Mechanism to prepare a study on
lessons learned and challenges to achieve the implementation of the right of indigenous peoples
to education, which was concluded this year (Human Rights Council resolution 9/7).
9.
The three United Nations mechanisms with a mandate on indigenous issues were not
necessarily designed with a complementary purpose, but were developed separately in
response to different historical and political contexts and the demands of the indigenous
peoples’ movement. Consequently, on paper, the mandates of these three mechanisms overlap to
a certain extent and, in practical terms, many of the activities carried out by the respective
mandate-holders could be structured more effectively in relation to those of the other
mechanisms.
10. From 4 to 6 February 2009, the Special Rapporteur participated in a seminar in Madrid
with the members of the Expert Mechanism and four members of the Permanent Forum, along
with a group of experts from various regions, including the former Special Rapporteur,
Rodolfo Stavenhagen. The main objective of the meeting was to promote an informal dialogue
among the members of the three mechanisms to better coordinate their work, as well as their
activities with other United Nations agencies and bodies. During the meeting, the experts
discussed methods for streamlining the work of the three mechanisms by examining the priority
work area or areas of the respective mandates and identifying ways in which the aspects of each
mandate might be maximized.
11. For example, in contrast to the Expert Mechanism and the Permanent Forum, the Special
Rapporteur has a clear mandate to investigate and make recommendations on specific human
rights situations of indigenous peoples. Nevertheless, as was noted during the expert meeting,
following a pattern similar to that of the Working Group on Indigenous Populations, which is no
longer active, numerous indigenous groups attend the annual sessions of the Permanent Forum
1
United Nations Economic and Social Council resolution 2000/22.