A/HRC/36/57
II. Reports and studies for submission to the Human Rights
Council
A.
Rationale
5.
In resolution 33/25, the Human Rights Council decided that the Expert Mechanism
should:
(a)
Prepare an annual study on the status of the rights of indigenous peoples
worldwide in the achievement of the ends of the Declaration, focusing on one or more
interrelated articles of the Declaration, as decided by the Expert Mechanism, taking into
consideration the suggestions received from Member States and indigenous peoples,
including challenges, good practices and recommendations (paragraph 2 (a));
(b)
Identify, disseminate and promote good practices and lessons learned
regarding the efforts to achieve the ends of the Declaration, including through reports to the
Human Rights Council on this matter (paragraph 2 (b));
(c)
Report at least once a year to the Human Rights Council on its work, and
keep the Council fully informed of developments on the rights of indigenous peoples
(paragraph 3).
B.
Annual study on the status of the rights of indigenous peoples (thematic
study)
6.
The study on the status of the rights of indigenous peoples worldwide will fulfil the
same purpose as the thematic studies conducted by the Expert Mechanism under its
previous mandate. However, the Expert Mechanism will now be able to select the theme of
its study itself, instead of receiving a mandate from the Human Rights Council to pursue a
particular theme.
C.
Selection of the theme
7.
The members of the Expert Mechanism will select the theme of their annual study,
which should focus “on one or more interrelated articles of the Declaration”. This process
should take into consideration suggestions received from Member States and indigenous
peoples. The Expert Mechanism will receive suggestions formally from Member States and
indigenous peoples during its annual session (under an agenda item on future work) and
during its annual interactive dialogues with the Human Rights Council and the United
Nations Permanent Forum on Indigenous Issues, but may also consult informally with all
stakeholders, including through the Indigenous Peoples’ Caucus. The Expert Mechanism
will also consult with the Special Rapporteur on the rights of indigenous peoples and the
Permanent Forum to ensure there is no overlap in studies being carried out by the three
mechanisms. The Expert Mechanism will decide on the theme of its study at the latest by
mid-June of each year, and will announce the theme during its annual session in July.
D.
Report on good practices and lessons learned regarding the efforts to
achieve the ends of the Declaration
8.
The Expert Mechanism is mandated to identify, disseminate and promote good
practices and lessons learned regarding the efforts to achieve the ends of the Declaration,
including through reports to the Human Rights Council. While the annual study under
paragraph 2 (a) of Council resolution 33/25 will take a thematic approach, the annual report
under paragraph 2 (b) will address trends in the implementation of the Declaration. As set
out in paragraph 9 of resolution 33/25, the Expert Mechanism may seek and receive
information from all relevant sources.
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