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include the principle of free, prior and informed consent of indigenous peoples before any
development can take place on their lands and territories, enshrined in article 32 of the
Declaration. However, participants also acknowledged that there were a number of positive
articles in the Durban Declaration and Programme of Action, such as in Durban Declaration
articles 22 and 25, and in Durban Programme of Action paragraphs 18, 50 and 117, and States
should be urged to implement them.
48. Some participants further stressed that the review process should include an assessment of
the implementation by States of the concluding observations of the Committee on the
Elimination of Racial Discrimination because experience indicates that these recommendations
are often ignored by Governments. There should be a national level process of review of the
Durban Declaration and Programme of Action involving indigenous peoples in accordance with
paragraph 22 (b) of the Durban Programme of Action. Participation of indigenous peoples in the
review process should be ensured at all levels - national, regional and international - and
increased funding should be provided for it.
49. One non-governmental organization raised a concern that there was no acknowledgement
of discrimination faced by indigenous peoples in Africa during the recent regional preparatory
meeting in Abuja, and called on States to ensure that indigenous issues remain one of the key
issues to be addressed in the review process. Other suggestions for the Expert Mechanism
included that it should conduct an independent evaluation of discrimination against indigenous
peoples worldwide for the purposes of the Durban Review, call upon all States to participate in
the Durban review process, and to support a gender perspective in it.
50. Two governmental delegations took the floor, mostly to express support for the fight
against racism and to encourage the Expert Mechanism to submit its recommendations for the
review process, pursuant to Council resolution 9/7, before the meeting of the Preparatory
Committee so that they could be reflected in the outcome document.
VII. ADOPTION OF THE REPORT AND PROPOSALS
51. At its last meeting, the Expert Mechanism adopted five proposals for the consideration and
approval of the Council. The proposals related to the organization of work; the Durban Review
Conference; the right of indigenous peoples to education; participation of indigenous peoples;
and coordination with other United Nations bodies and mandates.
52. In his closing statement, the Chairperson-Rapporteur expressed his gratitude to all
participants for their attendance and contribution, with a special mention for the Special
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and
the Permanent Forum on Indigenous Issues. He also expressed appreciation to the Secretariat for
the organization of the session.
53.
The Expert Mechanism adopted a provisional agenda for its second session (see annex III).
54. Under agenda item 5 (see annex III), the Expert Mechanism intends to focus on possible
processes and mechanisms for the operationalization of the United Nations Declaration on the
Rights of Indigenous Peoples, including processes and mechanisms identified in the Declaration
itself (adjudication, remedies, repatriation, redress and compensation).