A/HRC/4/32
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B. Indigenous issues in the Human Rights Council
81.
The current review of the activities, organs and mechanisms of the Human Rights
Council affords a valuable opportunity for improving the effectiveness of international protection
of indigenous rights and their incorporation into the overall system of human rights mechanisms.
Bearing in mind the provisions of the Declaration, the Council should place “indigenous issues”
as a separate item on the agenda of its sessions, as the Commission on Human Rights did. It is
essential for the situation of the rights of indigenous peoples to be included also in the universal
periodic review currently under consideration.
82.
Likewise, the Council should take account of the important contribution of the Working
Group on Indigenous Populations as a forum of discussion and technical advice on indigenous
peoples’ rights, in order to envisage setting up a new expert body to prepare reports and
specialized studies on matters relating to the rights of indigenous peoples, in coordination with
the existing mechanisms, and discussion of pertinent international standards. Modelling itself on
the Permanent Forum on Indigenous Issues, the future expert body should include indigenous
human rights experts.
83.
In its review of existing mechanisms, the Human Rights Council should consider
renewing the mandate of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people within the framework of the Council’s special
procedures. Irrespective of how this particular Special Rapporteur has fulfilled his tasks, the
broad and flexible definition of the special rapporteur’s mandate has played a significant role in
recent years in highlighting the situation of indigenous rights in the activities of human rights
bodies and international agencies and has provided new opportunities for dialogue with States
and indigenous people. The Special Rapporteur has been actively supported by Governments,
civil society and indigenous organizations and a series of “best practices” have been identified
for implementing the Special Rapporteur’s recommendations, such as the legislative and
institutional changes that have brought about progress in the protection of indigenous rights in
various countries (see A/HRC/4/32/Add.5). The Office of the United Nations High
Commissioner for Human Rights must continue to play an active role in the promotion of the
rights of indigenous peoples, especially with regard to the implementation of the
recommendations of the treaty bodies and the Special Rapporteur.
84.
In this context, the universal treaty bodies’ contribution has been vital, as has that of the
bodies of the regional human rights systems. The Special Rapporteur therefore invites them to
continue to pay priority attention to the rights of indigenous peoples as part of their oversight
activities.
C. International organizations
85.
Considering the groundbreaking importance of the 1998 International Labour
Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples in
Independent Countries as part of the normative framework for guaranteeing the rights of
indigenous peoples, it is important for States that have not yet done so to consider prompt
ratification of this Convention and for States parties to the Convention to pursue their efforts to
transfer its provisions into their legislation and institutional regulations, with the participation of
the indigenous people concerned.