A/HRC/15/36
mentioned some positive developments, such as the recent exchange of experience
between indigenous experts, State representatives and United Nations bodies that took
place with the support of the Permanent Forum and the ILO.
54.
The report on the second seminar on treaties, agreements and other constructive
arrangements between States and indigenous peoples (A/HRC/EMRIP/2010/5), and
recommendations contained therein was presented by OHCHR and the co-Rapporteurs of
the seminar, Wilton Littlechild and Andrea Carmen in light of its relevance for the
implementation of article 37 and other pertinent provisions of the Declaration. The
seminar took place in the traditional lands of the Maskwacîs Cree peoples in Hobbema,
Canada, from 14 to 17 November 2006.
55.
In concluding the discussion, Mr. Henriksen reflected on numerous aspects of the
debate under agenda item 4. With reference to the final report on the study on treaties,
agreements and other constructive arrangements between States and indigenous
populations, developed within the framework of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities (E/CN.4/Sub.2/1999/20, he expressed
disagreement with the views of the former Special Rapporteur of the Sub-Commission
who in his final report expressed the view that groups in African and Asian States claiming
to be indigenous should be analysed in other United Nations forums than those that are
concerned with the problems of indigenous peoples.2 Mr. Henriksen referred to the fact
that a number of Asian and African States recognize the existence of indigenous peoples
within their territories. He underlined that he was not of the view that every group
claiming to be indigenous should be recognized as such, but that every case should be
considered on its merits. Mr. Henriksen expressed his agreement with the calls to make the
Declaration more accessible to people at the national and local levels, including through
translation into national, local and indigenous languages. He also welcomed the fact that
the discussion demonstrated that in addition to problems and challenges the Mechanism is
in a position to welcome information about positive achievements.
56.
Ms. Lasimbang stressed the importance of engaging NHRIs in the implementation
of the Declaration and welcomed statements by indigenous peoples that demonstrated
positive initiatives to understand the aspirations of indigenous peoples themselves. Such
initiatives were critical, not only in bridging the existing gaps but also to show how these
rights can be implemented in the context of the Declaration.
57.
Ms. Odimba Kombe also made concluding remarks under agenda item 4,
highlighting the fact that despite the challenges that still exist for the effective
implementation of the Declaration, some positive developments were presented during the
discussion, including the efforts made by Member States and indigenous peoples to take
into account in their activities and policies the study on the right to education prepared by
the Expert Mechanism. For instance, she mentioned the consultation with aboriginal
peoples undertaken by the Government of Australia on the new national plan for
education.
58.
Mr. Mencio Molintas welcomed the fact that support for the Declaration is
expanding further, including in New Zealand, and he expressed the hope that the ongoing
consideration of this issue in the Unites States of America and in Canada will soon result
in the endorsement of the Declaration.
2
14
E/CN.4/Sub.2/1999/20, paragraph 90.