A/HRC/15/36
in which indigenous peoples engage State and non-State actors, particularly challenges in
asserting the right to participate in decision-making processes that are usually outside their
control. Ms. Lasimbang underscored, inter alia, that parliamentary representation is both
practically and symbolically particularly important for indigenous communities.
Parliamentary representation has improved over recent years because of increasing
political awareness of indigenous peoples or of special measures. However, she also
pointed to many challenges, including the lack of leadership influence enjoyed by
indigenous representatives.
39.
Ms. Lasimbang further noted that indigenous peoples worldwide are struggling to
maintain control over their lands and many decisions connected to development projects
drastically affecting indigenous peoples rights are taken without consultation or
implementation of the principles of free prior and informed consent. Many non-political
associations are formed to advance indigenous interests at both local and international
forums but challenges in gaining recognition from States and ensuring full and effective
participation in such forums persist. She concluded that while there are a number of
positive steps that have been taken regarding indigenous participation in external decisionmaking processes, progress is not uniform and still requires serious attention. A gap exists
between formal legislative intent and the implementation of those rights in practice.
40.
After the presentation, the Chairperson-Rapporteur invited other participants to
comment on the draft progress report and to provide concrete suggestions to improve it
under agenda item 3. Several States, including Australia, Burkina Faso, Denmark, Finland,
Guatemala, Mexico, New Zealand and Norway, took the floor commending the Expert
Mechanism for its progress report, which they saw as a good basis for the preparation of
the final study. A number of States provided information on the state of implementation of
the right to participate in decision-making in their respective countries and made proposals
as to further development of the study, including through additional examples of positive
practices that exist at different levels of decision-making.
41.
Mr. Mamani, Chair of the Permanent Forum on Indigenous Issues commended the
progress report by stressing the key importance of the right to participate in decisionmaking in the realization of the collective and individual rights of indigenous peoples. Mr.
Mamani recommended that the Expert Mechanism consider in further detail the challenges
for the realization of the rights of indigenous peoples, in particular in relation to
participatory and decision-making mechanisms. He further provided information on the
work of the Permanent Forum on Indigenous Peoples, in particular in relation to the issue
of development with culture and identity, linked to articles 3 and 32 of the Declaration on
the Rights of Indigenous Peoples. He went on to comment on the achievements made in
terms of indigenous peoples participating in bodies in the United Nations through such
bodies as the Expert Mechanism and the Permanent Forum. He also referred to the
development of policies and participative mechanisms in various intergovernmental
institutions. Despite these positive developments, the Chairperson of the Permanent Forum
stressed that progress is still needed, in particular in achieving meaningful participation
through well established consultative mechanisms.
42.
The Special Rapporteur on the situation of the human rights and fundamental
freedoms of indigenous people noted that the progress report of the Expert Mechanism
aptly identifies relevant provisions of various international instruments, including the
Declaration on the Rights of Indigenous Peoples, ILO Convention No. 169, the
International Convention on the Elimination of All Forms of Racial Discrimination, and
the International Covenant on Civil and Political Rights, as well as regional human rights
instruments, including the American Convention on Human Rights. In this regard he
recalled that a number of basic human rights principles underpin the right to participation
and inform its content. Without being exhaustive, these include the right to self-
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