A/HRC/10/56
page 10
the Expert Mechanism was to some extent a legacy of the Working Group, the different purposes
of the two mechanisms were emphasized. Suggestions were made that the Expert Mechanism
take into account the work of the Working Group while carrying out its research mandate. It was
also suggested that the Expert Mechanism prepare a review of the status and implementation of
the recommendations on studies carried out by the Working Group. However, some observers
expressed the concern that this approach might overburden the new body.
23. The United Nations Declaration on the Rights of Indigenous Peoples was unanimously
seen as a vital instrument providing a normative framework to guide the work of the Expert
Mechanism.
24. The opportunity for the Expert Mechanism to establish effective collaboration and
contribute substantially to the work of the Council was emphasized. Some recommended that the
United Nations Declaration on the Rights of Indigenous Peoples, as an international instrument
adopted by the Council and the General Assembly, be used as a reference in the context of the
universal periodic review process. It was also suggested that the Expert Mechanism engage with
other international human rights mechanisms, including the treaty bodies, as well as with
regional and national human rights bodies, in particular national human rights institutions and
the Working Group on Indigenous Populations/Communities of the African Commission on
Human and Peoples’ Rights.
25. Many indigenous representatives said that they would prefer to be referred to as
“rights-holders” rather than “stakeholders” in the context of indigenous peoples’ rights.
26. Methodological considerations were discussed, including the importance that the Expert
Mechanism have an inclusive approach and ensure the full and effective participation of
indigenous peoples in its work. In that regard, some appealed to the United Nations to provide
adequate funding through its regular budget to the Expert Mechanism and for the participation of
indigenous representatives in future sessions of the Expert Mechanism.
27. The need for the Expert Mechanism to identify global and cross-cutting issues of
significance to indigenous peoples and engage in subsequent studies was stressed on several
occasions. Some suggestions were made on potential areas or themes of interest, including the
right to land and territories; the right to self-determination; the right to free, prior and informed
consent; indigenous refugees and internally displaced persons; customary law; challenges to the
implementation of indigenous peoples’ rights; treaties; oil and mining industries; the impact of
environmental contamination on indigenous peoples’ lives; and the specific challenges and rights
of indigenous children, women and people with disabilities.
28. The indigenous caucus, on behalf of all indigenous observers, proposed that the agenda of
the Expert Mechanism include a permanent item on the United Nations Declaration on the
Rights of Indigenous Peoples. Three thematic issues were identified as possible sub-agenda
items for the second session: (a) the right to self-determination and the right to development;
(b) free, prior and informed consent; and (c) adjudication, remedies, repatriation and redress.