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V. STUDY ON LESSONS LEARNED AND CHALLENGES TO
ACHIEVE THE IMPLEMENTATION OF THE RIGHT
OF INDIGENOUS PEOPLES TO EDUCATION
29. The Chairperson-Rapporteur referred to Council resolution 9/7, in which the Council
request the Expert Mechanism to prepare a study on lessons learned and challenges to achieve
the implementation of the right of indigenous peoples to education, and to conclude it in 2009.
He informed the participants that the Expert Mechanism had entrusted two of its members,
Ms. Lasimbang and Mr. Molintas, with the overall responsibility for preparing the study.
30. Ms. Lasimbang made preliminary remarks on the agenda item, inviting the participants to
share their views on effective methods for carrying out the thematic research related to the right
to education. She recalled the request by the Council, in its resolution 9/7, that the Expert
Mechanism prepare a study on lessons learned and challenges to achieve the implementation of
the right of indigenous peoples to education. The study, she said, could broadly encompass the
following elements: (a) a human rights-based approach to the right to education; (b) good
examples and lessons learned in establishing and controlling indigenous education systems and
institutions; (c) the challenges to achieve the implementation of the rights of indigenous peoples
to education; and (d) recommendations.
31. Ms. Lasimbang acknowledged the existing relevant sources related to the theme, including
the report by the Special Rapporteur on the situation of human rights and fundamental freedoms
of indigenous people (E/CN.4/2005/88) and the outcome of the fourth session of the Permanent
Forum on Indigenous Issues related to the right to education as part of achieving the Millennium
Development Goals (E/2005/43). She stated that the study should build on those and other
reports and draw on the recommendations they contained.
32. Ms. Lasimbang concluded by stressing that the study should elaborate and focus on the
promotion of the right of indigenous peoples to establish and control their own education
systems and institutions that provide education in their own languages, curricula that are based
on cultural values and philosophies and conducted in a manner appropriate to indigenous
cultures and learning.
33. A number of governmental delegations acknowledged the importance of the study to be
undertaken, hoping that it would contribute to a greater awareness of options to effectively
implement this right at the national level, based on shared experiences on what was needed and
what has proved to work. Many States provided concrete examples on how recognition by
domestic law, including constitutions, of indigenous languages as official or national languages
or the affirmation of the collective right to education for indigenous peoples have promoted the
right to education as it applies to indigenous peoples. Others stressed that any efforts and good
practices that have proved effective in ensuring that indigenous peoples enjoy their right to
education were based on the imperative of high-quality teaching, for instance when bilingual
education systems were established.
34. A large number of indigenous representatives, while recognizing efforts made in some
countries, stressed that the greatest challenge faced by many indigenous peoples in terms of
achieving the full implementation of the right to education was the continuing non-recognition
by States of the existence of indigenous peoples. In urban areas, indigenous-controlled education