A/HRC/27/64
interventions, studies and advice appeared throughout the zero draft, for example those on
access to justice.
38.
International Chief Littlechild also raised some concerns. Firstly, reference to the
role of parliamentarians was excluded. Secondly, he pointed out that, in the zero draft, only
11 out of 39 paragraphs articulated specific actions; the commitment to action needed to be
strengthened in order to advance the rights of indigenous peoples in accordance with the
United Nations Declaration on the Rights of Indigenous Peoples. Furthermore, specific
mention should be made of treaties, agreements and other constructive arrangements. In
relation to paragraph 31 of the zero draft, reference should be made to physical health
where mental health is currently mentioned, so that it would read “health, including
physical and mental health”, in order to promote the rights of indigenous peoples to sport
and traditional games, in accordance with article 31 of the United Nations Declaration on
the Rights of Indigenous Peoples.
39.
On the positive side, he noted that the zero draft referenced the action of appointing
a high-level indigenous representative, such as an Assistant Secretary-General or an UnderSecretary-General; the creation of a Third International Decade of the World’s Indigenous
Peoples; and the call for a system-wide action plan.
40.
International Chief Littlechild drew attention to the cover letter from the President of
the General Assembly, dated 8 July 2014, in which it was stated that “consultations will
enter an intergovernmental process and continue among Member States as required”
following the consultation being held on 18 August 2014. This ran counter to the provisions
of the United Nations Declaration on the Rights of Indigenous Peoples, and to the Expert
Mechanism’s studies and advice, on the right of indigenous peoples to participate in
decision-making.
41.
He stated that the principle emphasized at the two informal interactive hearings was
that the outcome document should build on the strengths of the Declaration, and of other
international norms and standards, including International Labour Organization (ILO)
Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent
Countries.
42.
Several State and indigenous representatives provided key recommendations relating
to the outcome document, including the recommendation that it should be shorter and more
action-oriented (for example, calling for the adoption of national laws, policies and
procedures and constitutional reforms, along with adequate budget allocations at the
national level) and concise. It should be the result of the full, equal and effective
participation of indigenous peoples. Participants noted that it should be based on the Alta
outcome document (or, at a minimum, the Alta outcome document should be included as an
appendix), and on a consensus between States and indigenous peoples. Participants
indicated that it should refer to the work of the Secretary-General in the study on ways and
means of promoting the participation of indigenous peoples’ representatives within the
United Nations system (A/HRC/21/24). Other participants mentioned that one positive
action to include in the outcome document would be the appointment of a high-level
indigenous representative, to be established within the United Nations system. Many
participants emphasized that the outcome document must advance the implementation of
the Declaration.
43.
States and indigenous peoples suggested additional themes for the round-table
discussions. There was, for example, a suggestion for the inclusion of economic
development and the promotion of indigenous cultures and businesses. Other suggestions
included referencing treaties, agreements and other constructive arrangements, and taking a
comprehensive approach to all forms of violence against indigenous women and girls.
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