A/HRC/39/68
with the private sector, an element of the mandate that remained unexplored, and explained
the step-by-step process of formally requesting country engagement.
51.
The members of the Expert Mechanism made several observations regarding
country engagement, including the need for documentation to be translated prior to a
mission, the possibility of processing some cases without undertaking a mission, and
cooperation with other mechanisms in cases when complaints or other information relevant
to other mandates was brought to the attention of the Expert Mechanism during country
engagement.
VII. Panel discussion on recognition, reparation and
reconciliation
52.
The Expert Mechanism decided to hold a panel discussion on recognition, reparation
and reconciliation to inform its report on that theme, the results of which it would present to
the Human Rights Council at its forty-second session under paragraph 2 (b) of resolution
33/25. Ms. Davis opened the discussion on item 8, which started with presentations by
Grand Chief Wilton Littlechild (former commissioner, Truth and Reconciliation
Commission of Canada), Miriam Dominguez (member of the Presidential Commission on
Racial Discrimination of Guatemala) and Eduardo González (expert on transitional justice).
53.
Chief Littlechild discussed the current situation of indigenous peoples in Canada
regarding reconciliation and analysed the impact of the Truth and Reconciliation
Commission of Canada. His presentation addressed important historical moments and past
State assimilation policies that had marked the lives of indigenous peoples in Canada, in
particular the institution of residential schools, which were places where physical and
mental abuse and discrimination had been inflicted against indigenous peoples. As a
response to human rights violations, the establishment of a truth commission was a step
towards restoring respectful relationships between indigenous peoples and the State. In the
case of Canada, the Declaration offered a framework for reconciliation based on the right to
self-determination which, in turn, implied the inherent right to self-governance. In addition,
reconciliation was considered a healing process that implied, among other things, public
apologies, making shared experiences visible, commemoration, recognition, truth and
forgiveness. The National Council for Reconciliation had been established to facilitate the
process towards justice. The Council collected data and monitored; it reported to
Parliament, and the Prime Minister had to provide follow-up plans related to the Council’s
reports.
54.
Ms. Dominguez mentioned the forthcoming census in Guatemala (23 July) and its
relevance to updating statistical data on Guatemalan indigenous peoples. She also
addressed the issue of poverty among Maya, Garifuna and Xinka women as a consequence
of structural discrimination, invisibility and exploitation, which was a current concern.
With the Declaration as a framework, she highlighted the importance of respecting the
rights of indigenous women and the need for their participation in the public sphere and in
processes related to land title regulation. She noted the need to improve the adequacy of
culturally sensitive public services, in particular coordination between indigenous and nonindigenous legal systems, access to justice in indigenous languages, maternal health care,
bilingual education, public policies on compensation and reconciliation, restitution of
material property and cultural reparation. She acknowledged that reparation was still a big
challenge in the country and a matter of social rehabilitation that went beyond material
compensation.
55.
Mr. González addressed the key issues of reconciliation and reparation. He
underlined the role of indigenous peoples as actors rather than victims and the pertinence of
articles 5, 18 and 19 of the Declaration. In particular, he considered article 19 as critical to
the implementation of free, prior and informed consent. Furthermore, he emphasized that
truth commission processes were essential in providing evidence of otherwise invisible
situations. Although most truth commissions were initially conceived within postdictatorship contexts, the specificities of indigenous issues were currently understood and
increasingly being addressed within truth commission processes with regard to periods
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