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E/C.19/2010/15
adviser should be an indigenous professional who has experience working in or with
indigenous organizations. The Permanent Forum further recommends that UNDP
establish internal mechanisms to monitor and ensure compliance with its own
programmes and operations policies and procedures related to indigenous peoples’
rights. The UNDP Liaison Committee on Indigenous Peoples’ Issues, in collaboration
with the Permanent Forum, should develop a system to receive concerns from
indigenous peoples and ensure the application of the internal policies and
procedures of UNDP.
38. The Permanent Forum reiterates its recommendation that United Nations
agencies employ indigenous experts and requests that the International Labour
Organization (ILO) provide information on indigenous experts employed within the
United Nations system at the tenth session of the Permanent Forum.
39. The Permanent Forum encourages the Office of the United Nations High
Commissioner for Human Rights (OHCHR), ILO and UNDP to strengthen their
collaborative framework and partnership for the promotion and implementation of
indigenous peoples’ rights through joint country programmes aimed at building
capacity and establishing mechanisms for consultation, participation and consent in
accordance with ILO Convention C169 and the United Nations Declaration on the
Rights of Indigenous Peoples.
40. The Permanent Forum recommends that UNDP, OHCHR and ILO facilitate
dialogue and provide support to indigenous peoples in the areas of crisis prevention
and democratic governance as they relate to extractive industries operating in
indigenous territories in order to achieve more effective implementation and
protection of indigenous peoples’ rights.
41. The Permanent Forum recommends that States implement the principles
contained in General Comment No. 21 (2009) of the Committee on Economic,
Social and Cultural Rights on article 15, paragraph 1 (a), of the International
Covenant on Economic, Social and Cultural Rights regarding the right of everyone
to take part in cultural life. In its interpretation of the article, the Committee takes
into account the United Nations Declaration on the Rights of Indigenous Peoples. It
consequently distinguishes the right of indigenous peoples to take part in their own
culture from the same right as it applies to minorities. This distinction is made in
particular as a result of the extension of the concept of indigenous culture to
material aspects such as territories and resources.
42. The Permanent Forum suggests that the Human Rights Committee also
interpret the International Covenant on Civil and Political Rights taking into account
the provisions of the United Nations Declaration on the Rights of Indigenous
Peoples. In particular, the Committee should review its General Comment No. 12
(1984) on the right to self-determination (article 1 of the Covenant) and No. 23
(1994) on the rights of persons belonging to minorities (article 27 of the Covenant)
taking into account article 3 and other relevant provisions of the Declaration. In
addition, in accordance with the terms of General Comment No. 12, the Committee
should request State parties to the Covenant to report on their compliance with their
obligations regarding the right of all peoples, including indigenous peoples, to selfdetermination and related rights. The Committee should request that State parties
prepare the relevant sections of their reports on the implementation of the Covenant
in consultation and cooperation with indigenous peoples.
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