A/HRC/48/75
Inuit businesses throughout the region initiated the International Inuit Business Association,
to move closer to Inuit self-determination.67
VI. Exercise of indigenous self-determination in regional and
international contexts
31.
The participation of indigenous peoples in international forums is an important
expression of their external self-determination, and many indigenous peoples’ organizations
are increasing their representation at such meetings.68 The importance of that participation
was recognized by the General Assembly, by its adoption of resolution 71/321, on enhancing
the participation of indigenous peoples’ representatives and institutions in meetings of
relevant United Nations bodies on issues affecting them.
32.
Indigenous peoples take part in all indigenous specific mandates and are taking part
at the international level outside indigenous specific mandates, such as the work of the
international human rights mechanisms, including the United Nations treaty bodies, the
universal periodic review mechanism of the Human Rights Council and the special
procedures of the Council. They are represented in the Local Communities and Indigenous
Peoples Platform initiated by the parties at the twenty-third session of the Conference of the
Parties to the United Nations Framework Convention on Climate Change.69 They participated
actively in the processes that led to the development of the 2030 Agenda for Sustainable
Development, and in the review of its implementation, and are undertaking their own
monitoring of Sustainable Development Goal implementation at the national and local
levels. 70 The new mandate of the Expert Mechanism, allowing indigenous peoples the
opportunity to request the support of the Mechanism for the facilitation of dialogue, capacitybuilding and technical cooperation, is a form of self-determination, as is its revised mandate
to decide on the themes of its own reports.
33.
Indigenous peoples express their self-determination at the regional level through
strategic litigation on self-determination, with some measure of success, before the African
Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’
Rights. The decisions of those bodies in Centre for Minority Rights Development (Kenya)
and Minority Rights Group International (on behalf of the Endorois Welfare Council) v.
Kenya and African Commission on Human and Peoples’ Rights v. Republic of Kenya,
respectively, provide essential guidance on the implementation of the rights of indigenous
peoples.71
34.
One concern expressed by some indigenous peoples is the move to group indigenous
peoples with “local communities” within multiple international conventions and other
multilateral agreements. 72 Such a development may have the impact of undermining the
rights of indigenous peoples under the Declaration, in particular their right to selfdetermination, a concern which some States share. 73 A further concern expressed by
67
68
69
70
71
72
73
10
Submission from the Inuit Circumpolar Council.
Submission from the Articulação dos Povos Indígenas do Sul do Brasil.
See www4.unfccc.int/sites/nwpstaging/News/Pages/Inidigenous-Peoples-and-Local-CommunitiesPlatform-Update.aspx.
See E/C.19/2018/2; and A/73/176.
African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development
(Kenya) and Minority Rights Group International (on behalf of the Endorois Welfare Council) v.
Kenya, (communication No. 276/03), decision of 2 February 2010; and African Court on Human and
Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya,
(application No. 006/2012), judgment of 26 May 2017.
See www.inuitcircumpolar.com/news/icc-policy-paper-on-local-communities-chronicles-oppositionto-the-undermining-and-erosion-of-inuit-rights/. Joint statement made by Canada, Denmark, Estonia,
Finland, Iceland, Latvia, Lithuania, Norway and Sweden, together with Greenland, at the fourteenth
session of the Expert Mechanism.
Joint statement made by Canada, Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and
Sweden, together with Greenland, at the fourteenth session of the Expert Mechanism.