A/HRC/39/68
Mechanism for more advisory support in capacity-building, improving legislation and
providing remedies for victims of human rights violations.
X. United Nations Declaration on the Rights of Indigenous
Peoples: good practices and lessons learned
69.
The discussions on item 7 consisted of a dialogue with Ms. Tauli-Corpuz, Ms.
Wallet Aboubakrine, Ms. Charters, Sarah Cleveland, member of the Human Rights
Committee, and Aruna Devi Narain, member of the Committee on the Elimination of
Discrimination against Women.
70.
The panellists acknowledged the positive nature and importance of the Expert
Mechanism’s first two country engagement missions, the draft study on free, prior and
informed consent and the cooperation between United Nations mechanisms working on the
rights of indigenous peoples. However, there was a call for further cooperation and
coordination in advancing indigenous peoples’ rights. Particular concerns were highlighted
concerning the criminalization and harassment of and threats against indigenous peoples in
the context of increased extractivism and conservation efforts; the need to acknowledge and
respect indigenous governance systems; political participation; the need to use, preserve
and include indigenous peoples and their practices in biodiversity conservation; the need
for global regulation to protect against the intensification of the use of toxic materials; and
the disproportionate prevalence of tuberculosis among indigenous peoples. Ms. Charters
noted that the Voluntary Fund was working closely with legal and academic experts to
develop a practical “how-to” guide on indigenous participation in the United Nations,
which was in line with the Special Rapporteur’s plea to continue efforts regarding access to
information and inspire indigenous peoples to work with the United Nations mechanisms.
71.
Ms. Devi Narain noted that the Declaration had been instrumental in the work of the
Committee. In particular, article 22 of the Declaration had been used in constructive
dialogues and alternative or State reports to elaborate on indigenous issues. Ms. Cleveland
highlighted the importance of article 27 of the International Covenant on Civil and Political
Rights to address a range of indigenous issues, in which free, prior and informed consent
served as a guiding principle. The Human Rights Committee was learning from good
practices of other bodies promoting the rights of indigenous peoples, and noted it only
addressed the question of self-determination when States did.
72.
Representatives of States highlighted their commitment to the Declaration by citing
a number of positive developments, including amendments to legislation, national action
plans and specific policies such as the capacity-building of teachers. Participants
subsequently highlighted the importance of full and effective participation in decisionmaking processes, including the development of legislation. Recommendations were made
to include cultural value systems within the framework of business and human rights; to
strengthen free, prior and informed consent in relation to megaprojects; to take action to
protect indigenous leaders and human rights defenders; to ensure restitution for past moral
and material damages; and to clarify the wording “significant harm” in the Declaration’s
provision on forced assimilation.
73.
Experts and observers noted the need for the Declaration to be known and used as a
reference not only at national, regional and international levels but also at subnational and
local levels. Particular attention was paid to the recognition of indigenous languages and
mother tongue-based education and recognition of indigenous peoples by international and
intergovernmental organizations. Experts also condemned the cases of reprisals against
human rights defenders and United Nations independent experts, and stressed the need to
undertake investigations of those involved and provide remedies for victims.
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