A/HRC/24/49
66.
Mr. Deterville highlighted article 13 of the Declaration on the Rights of Indigenous
Peoples, which recognizes the right of indigenous peoples to designate their own traditional
names for communities and territories. The preamble of the Declaration highlights its
purpose in addressing marginalization and abuse caused by colonialism. He recommended
that the Human Rights Council permit indigenous peoples and nations to display their
names during the Expert Mechanism’s sessions.
67.
Concern about respect for national and international laws, including free, prior and
informed consent of indigenous peoples, by extractive industries operating outside of the
country in which they are registered was raised by some participants.
68.
Some States requested the panellists to provide more information about examples of
good practices. Ms. McKay highlighted the efforts to utilize alternative justice systems to
address the particular needs of indigenous women as one example and referred participants
to the plans of the Expert Mechanism and Columbia University to publish the proceedings
of the Expert Seminar.
69.
Specific issues relating to access to justice were raised by participants, including
concerns regarding violence against indigenous women; police violence and forced removal
from land. Barriers to access to justice identified by participants included lack of legal
knowledge, legal services, and courts; unaffordable legal fees; procedural discrimination
and lack of participation by indigenous peoples in policy development.
70.
Some participants identified the need for the Expert Mechanism to further examine
ways to improve access to justice through increased culturally sensitive communications. It
was noted that in many parts of the world, the media continues to portray indigenous
peoples in a racist manner.
71.
One participant outlined the connection between reconciliation and the guarantee of
non-recurrence as an essential element of justice. Also, it was noted that indigenous peoples
need to define what restorative justice means in relation to previous and current violations
with continuing impacts, and what form the processes to achieve justice in these cases
should take.
72.
Some participants underlined the importance of recognition of the legal status of
indigenous peoples. Without such status, indigenous peoples are more vulnerable to loss of
territory and are less likely to have access to redress and reparations.
VII. United Nations Declaration on the Rights of Indigenous
Peoples
73.
Prior to opening the discussion on the United Nations Declaration on the Rights of
Indigenous Peoples, the Chairperson-Rapporteur invited Joenia Batista de Carvalho,
member of the Board of Trustees of the United Nations Voluntary Fund for Indigenous
Populations, to address the participants of the session.
74.
Ms. de Carvalho welcomed the 20 beneficiaries of the Voluntary Fund and
emphasized its role in ensuring the participation of indigenous peoples in United Nations
meetings. She noted that since 2012, the Voluntary Fund has supported the participation of
indigenous peoples in the sessions of the Permanent Forum, the Expert Mechanism, the
Human Rights Council and the UPR process, as well as the Human Rights Committee, the
Committee on the Rights of the Child, the Committee on the Elimination of Racial
Discrimination, the Committee on Economic, Social and Cultural Rights, the Committee
Against Torture, the Committee on the Rights of Persons with Disabilities and the
Committee on the Elimination of Discrimination against Women.
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