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

Select target paragraph3