A/HRC/12/33
page 4
I. INTRODUCTION
1.
In resolution 9/7, the Human Rights Council requested the Expert Mechanism to prepare a
study on lessons learned and challenges to achieve the implementation of the right of indigenous
peoples to education, and to conclude it by 2009.1
II. INTERNATIONAL HUMAN RIGHTS FRAMEWORK
2.
Indigenous peoples have historically been among the poorest and most excluded and
disadvantaged sector of society. A major factor contributing to the disadvantaged position of
indigenous peoples is the lack of quality education - which may be defined as education that is
well resourced, culturally sensitive, respectful of heritage and that takes into account history,
cultural security and integrity, encompasses human rights, community and individual
development, and is designed in a way that is implementable - depriving millions of indigenous
children of the basic human right to education.
3.
International human rights law recognizes the right to education as a basic human right for
everyone. When elaborating on the right to education of indigenous peoples, it is necessary to
take into account two categories of human rights provisions: (a) general human rights provisions
acknowledging and defining the content of the individual right to education; and (b) international
standards specifically recognizing indigenous peoples’ rights, including the provisions of the
United Nations Declaration on the Rights of Indigenous Peoples.
4.
The Declaration reflects the existing international consensus regarding individual and
collective rights of indigenous peoples in a way that is coherent with, and expands upon,
international human rights standards, including the interpretation of human rights instruments by
international bodies and mechanisms. As the most authoritative expression of this consensus, the
Declaration provides a framework of action aiming for the full protection and implementation of
these rights, including the right to education.
5.
Education is recognized as both a human right in itself and an indispensable means of
realizing other human rights and fundamental freedoms, the primary vehicle by which
economically and socially marginalized peoples can lift themselves out of poverty and obtain the
means to participate fully in their communities. Education is increasingly recognized as one of
the best long-term financial investments that States can make.
6.
Education of indigenous children contributes to both individual and community
development, as well as to participation in society in its broadest sense. Education enables
indigenous children to exercise and enjoy economic, social and cultural rights, and strengthens
their ability to exercise civil rights in order to influence political policy processes for improved
protection of human rights. The implementation of indigenous peoples’ right to education is an
1
In resolution 10/28, the Council requested the Advisory Committee to submit a draft
Declaration on Human Rights Education and Training while the Forum on Minority Issues
addressed the issue of education at its first session.