A/HRC/36/57
representative of the Board of Trustees of the Voluntary Fund. Participants considered the
following issues: updates on planned activities for the tenth anniversary of the adoption of
the Declaration; the selection and coordination of thematic studies; the coordination of
country engagement; and the consultation process to enable the participation of indigenous
peoples’ representatives and institutions in meetings of relevant United Nations bodies on
issues affecting them. The three mechanisms decided, inter alia, to draft a joint statement to
mark the tenth anniversary of the Declaration.
VIII. Indigenous peoples’ participation in the United Nations
system
37.
Ms. Charters, in her capacity as an independent adviser to the President of the
General Assembly, provided a detailed update on progress in relation to General Assembly
resolution 70/232, in which the Assembly had requested its President to conduct
consultations on the possible measures necessary to enable the participation of indigenous
peoples’ representatives and institutions in meetings of relevant United Nations bodies on
issues affecting them. Consultations on the various elements of the Assembly resolution
had taken place from late 2016 until May 2017. The consultations had reached an impasse
and States had shared a draft resolution deferring any action on the matter. The principal
issues of contention were: the venues for participation by indigenous peoples’
representatives and institutions; the application process; the criteria to determine whether
the organizations were genuinely representative of indigenous peoples; and State
recognition as a mandatory criterion for participation. The principal concern of the
indigenous community was that those issues had the potential to undermine existing
standards on the rights of indigenous peoples in international human rights law, including
the Declaration.
38.
Several States, representatives of indigenous peoples and other participants echoed
those concerns, noting that it was critical that the negotiations should not undermine
existing standards on the rights of indigenous peoples. Notwithstanding the current lack of
consensus, participants expressed the view that negotiations should continue and that States
should continue to work on the process, provided that the negotiations were consistent with
the standards set out in the Declaration. That could be achieved, for example, through the
adoption of a procedural resolution that committed States to the process and provided
guidance for the way forward. Participants also suggested that the Expert Mechanism voice
its support for the process and provide advice to the Human Rights Council on steps the
latter could take to support it. In the light of the difficulties encountered during the process,
participants emphasized the added importance of the Voluntary Fund and the OHCHR
Indigenous Fellowship Programme.
IX. Ten years of implementation of the Declaration: good
practices and lessons learned
39.
Statements from the Special Rapporteur on the rights of indigenous peoples,
members of the Human Rights Committee and the Committee on the Elimination of
Discrimination against Women, indigenous peoples, Member States and other participants
demonstrated that, since its adoption by the General Assembly on 13 September 2007, there
have been a number of positive developments in the implementation of the Declaration.
Firstly, it has proven to be an invaluable tool in galvanizing indigenous peoples to
campaign for their rights at the national level. States have demonstrated their commitment
to implementing the Declaration through a number of measures, including constitutional
amendments, national action plans and specific policies such as the revitalization of
indigenous languages. Secondly, and of particular significance, is the Declaration’s
application as a source of law in regional human rights mechanisms, for example by the
Inter-American Court of Human Rights in Kaliña and Lokono Peoples v. Suriname and by
the African Court of Human and Peoples’ Rights in African Commission of Human and
Peoples’ Rights v. The Republic of Kenya (the Ogiek case). At the international level, the
Declaration has also increased the attention paid by treaty bodies to the rights of indigenous
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