A/HRC/36/56 general recommendations and special measures on indigenous peoples, expounds greatly on the issue in the context of reporting. It advises States to implement recommendations of the Special Rapporteur on the rights of indigenous peoples to endorse the provisions of the Declaration and to ratify the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), thus contributing to the cross-fertilization of international law. The Committee on the Rights of the Child and Committee on Economic, Social and Cultural Rights make similar recommendations. 14. Treaty bodies often address indigenous people’s rights under general nondiscrimination articles. For example, the Human Rights Committee has dealt with access to social services, representation in public offices, negative stereotypes, hate speech, domestic violence, police violence, disappearance, overrepresentation in prison and many other such issues as they relate to indigenous peoples. Other relevant dimensions dealt with by the Committee under the rubric of protection of human rights defenders include trafficking, birth registration, the right to personal security and protection of activists for indigenous people’s rights. 15. Some treaty bodies raise indigenous issues under articles specific to their rights. For example, the Committee on the Rights of the Child raises indigenous issues under article 30 of the Convention on the Rights of the Child, which makes a specific reference to indigenous children. The Human Rights Committee applies article 27 of the International Covenant on Civil and Political Rights, which refers to minority rights. 10 Under that article, the Committee addresses the impact of development projects and evictions on land rights and the welfare of indigenous peoples, through application of the principle of free prior and informed consent as the guiding norm for compliance with a State’s duty to consult. For example, in its concluding observations on Thailand, the Committee stated, inter alia, that the State party “should ensure that prior consultations are held with a view to obtaining their free, prior and informed consent regarding decisions that affect them, in particular with regard to their land rights”.11 16. Other recent issues raised under article 27 of the Covenant, relating to countryspecific situations, involved: (a) the need for prompt demarcation of indigenous lands; (b) encouraging legislation recognizing indigenous land rights; (c) conferral of title recognition on a group as an indigenous people; (d) active protection of language; (e) effective access to land restoration processes; (f) the provision of adequate resources to indigenous representative bodies; (g) effective access to justice; (h) length of negotiations; (i) strengthening indigenous education and child and family services; (j) the protection of sacred areas; and (l) participation in law-making. 17. The treaty bodies deal with a range of civil, political, economic, social and cultural rights as they relate to indigenous peoples. Across the treaty bodies, recurring themes include: (a) concerns on self-identification; (b) access to justice; (c) lack of consultation and free prior and informed consent, including indigenous women, and often with respect to large-scale projects; (d) failure to safeguard the environment; and (e) access to and protection of lands, territories and resources. Certain developing issues of particular interest include the recommendation that States ensure respect by companies of the rights of indigenous peoples, even when acting outside the State;12 that the Committee approve the efforts by States to promote self-determination for indigenous peoples;13 and the review of indigenous institutions for compatibility with human rights norms. 14 18. In the past 10 years, the Human Rights Committee has continued to contribute to a comprehensive body of jurisprudence on indigenous peoples through its individual communications procedure, under the Optional Protocol to the International Covenant on Civil and Political Rights. Through that procedure, it has dealt with a large number of communications on indigenous peoples, in particular relating to article 27 of the Covenant, 10 11 12 13 14 6 See general comment No. 23 (1194) on the rights of minorities. See CCPR/C/THA/CO/2, para. 44. See CERD/C/NOR/CO/21-22, para. 24, and A/HRC/17/31. See CCPR/C/SWE/CO/7, para. 38. See CCPR/C/ECU/CO/6, paras. 37-38.

Select target paragraph3