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.