A/HRC/45/35 I. Introduction 1. Established by the Human Rights Council in 2007, the Expert Mechanism on the Rights of Indigenous Peoples provides the Council with expertise and advice on the rights of indigenous peoples as set out in the United Nations Declaration on the Rights of Indigenous Peoples. 2. In September 2016, in its resolution 33/25, the Human Rights Council amended the mandate of the Expert Mechanism, deciding, among other things, that the Expert Mechanism should identify, disseminate and promote good practices and lessons learned regarding efforts to achieve the ends of the Declaration on the Rights of Indigenous Peoples, including through reports to the Council. 3. In its resolution 42/19, adopted in September 2019, the Human Rights Council encouraged the development of a process to facilitate the international repatriation of indigenous peoples’ sacred items and human remains through the continued engagement of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Intellectual Property Organization, the Expert Mechanism, the Special Rapporteur on the rights of indigenous peoples, the Permanent Forum on Indigenous Issues, States, indigenous peoples and all other relevant parties in accordance with their mandates. 4. The present report addresses efforts to implement the Declaration, including the rights of indigenous peoples to self-determination and non-discrimination, as well as to practise their cultural, spiritual and religious traditions, customs and ceremonies. In article 12 of the Declaration, the General Assembly recognized that indigenous peoples have the right to the use and control of their ceremonial objects and the right to the repatriation of their human remains, while in article 31, it recognized their rights to maintain, control, protect and develop their cultural heritage, traditional knowledge and other resources. In the Declaration, the Assembly also recognized that States should seek to enable the access to and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned, and provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent. 5. On 4 and 5 March 2020, the Expert Mechanism held a seminar in Vancouver, Canada, on the repatriation of ceremonial objects and human remains under the Declaration. Indigenous peoples, representatives of museums and of human rights institutions, academics and others made presentations that informed the present report. 1 The Expert Mechanism would like to acknowledge the support of the University of British Columbia in the organization and sponsoring of the seminar. The Expert Mechanism also called for submissions from States, indigenous peoples, national human rights institutions and other stakeholders. Where permission was granted, the submissions have been made publicly available on the website of the Expert Mechanism.2 6. In accordance with the Declaration, the Expert Mechanism recommends that stakeholders take a human rights-based approach to the repatriation of indigenous peoples’ ceremonial objects, human remains and intangible cultural heritage. This approach requires recognition of indigenous peoples’ rights to self-determination, culture, property, spirituality, religion, language and traditional knowledge. The Declaration also recognizes the applicability of indigenous peoples’ own laws, traditions and customs, which entail both rights and responsibilities towards ceremonial objects, human remains and intangible cultural heritage. 1 2 2 The seminar came about, in part, after the International Indian Treaty Council requested the Expert Mechanism to facilitate dialogue with Sweden regarding the repatriation of a particular ceremonial object (discussed later in the report) and more broadly, to provide advice on the repatriation of indigenous peoples’ human remains and ceremonial objects under the Declaration. The presentations made at the seminar are available from www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/Callfor SubmissionsRepatriation.aspx. Submissions are available from www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/Callfor SubmissionsRepatriation.aspx.