A/HRC/15/36
E.
Adoption of the agenda
28.
The agenda of the session (A/HRC/EMRIP/2010/1) was adopted. Following the
adoption of the agenda and programme of work for the third session, the ChairpersonRapporteur opened agenda item 3.
IV.
Study on indigenous peoples and the right to participate in
decision-making
29.
The Chairperson-Rapporteur invited Mr. Henriksen, member of the Expert
Mechanism and one of the two principal co-authors of the progress report, to introduce the
first part of the advanced progress report on the study on indigenous peoples and the right
to participate in decision-making. Mr. Henriksen stressed that one of the main concerns of
indigenous peoples around the world is that they have limited and, in some cases, no
opportunities to effectively determine priorities for their own development, and participate
in decision-making processes affecting their rights and lives. He thanked the Human
Rights Council for authorizing the Expert Mechanism to undertake a study on the right to
participate in decision-making, following a related proposal by the Expert Mechanism, and
for the very constructive and positive working relationship between the Expert Mechanism
and the Council
30.
Mr. Henriksen emphasized that the study provides an opportunity for the
Mechanism to elaborate on the right to participation, and to start to look into many
interrelated concepts and comprehensive sets of provisions and standards, that are
interlinked with the right to participation, such as the right to self-determination, the
principle of free, prior and informed consent and the right to be consulted. He welcomed
the fact that a significantly larger number of contributions were received in relation to the
current study, compared with what was received when the Mechanism prepared its first
study and stressed the importance of the seminar co-organized by the Asia Indigenous
Peoples Pact and the International Work Group for Indigenous Affairs in Chiang Mai,
Thailand, as well as the technical workshop organized by OHCHR to contribute to the
preparation of the study. However, as many indigenous peoples still have great difficulties
in communicating with the Mechanism, additional ways of communicating with
indigenous peoples and communities are needed in order to ensure their inclusion in its
work.
31.
In his comments on the substance of the progress report, Mr. Henriksen underlined
that international human rights provisions of general applicability refer to the right to
participation in both general and specific forms. He also noted that International Labour
Organization (ILO) Convention No. 169 (1989) on Indigenous and Tribal Peoples in
Independent Countries contains a number of fundamentally important provisions on the
right of indigenous peoples to participation and is grounded in the recognition of the
aspirations of indigenous peoples to exercise control over their own institutions, ways of
life and economic development, and to maintain and develop their identities, languages
and religions within the framework of the State in which they live.
32.
Mr. Henriksen noted that for the purpose of the study, the Expert Mechanism
distinguishes between the internal-decision making processes and institutions of
indigenous peoples and external decision-making processes which affect them, i.e. where
those other than indigenous peoples themselves are taking decisions. This distinction has
generally been applied throughout the entire progress report, as the members of the
Mechanism feel that this corresponds with the underlying logic of the Declaration on the
Rights of Indigenous Peoples.
9