A/HRC/27/52
United Nations mechanisms with a specific mandate concerning indigenous peoples, as
well as with the treaty bodies and regional human rights systems. In all of that work, the
Special Rapporteur intends to follow up and reinforce the observations and
recommendations made by her predecessors.
49.
In the present global context, where the international community is in the process of
defining the post-2015 development agenda, the Special Rapporteur sees the importance of
monitoring how indigenous peoples’ rights to, among other things, development, lands,
territories and resources and culture are going to be considered in that global effort. She is
aware how the human rights-based approach to development and human rights
mainstreaming are still quite marginal in the overall global and national development
agendas. That reality is reflected in how indigenous peoples have been generally sidelined
in the design, targets, indicators and implementation of the Millennium Development
Goals.
50.
Closely related to the development agenda are the global and regional multilateral,
plurilateral and bilateral investment and trade treaties and agreements entered into by States
in which indigenous peoples are found. Many of those treaties and agreements have direct
implications for how lands, territories, resources and traditional knowledge systems of
indigenous peoples are regarded and used. In the past, some indigenous peoples have
engaged in the negotiations of the Agreement on Trade-Related Aspects of Intellectual
Property Rights of the World Trade Organization because of the implications for their
rights to their traditional knowledge, such as their knowledge and use of medicinal plants.
Some agreements which allow for the liberalization and deregulation of existing laws and
policies, and have the effect of undermining existing human rights, social and
environmental standards, can have detrimental effects on indigenous peoples. Much more
needs to be done to understand fully how such treaties and agreements can undermine or
reinforce indigenous peoples’ rights and how they shape the trajectories of national
economic development plans.
51.
With the worsening environmental crisis and the increased efforts of the
international community to deal with it, the Special Rapporteur recognizes the need to
analyse the impacts of the crisis on indigenous peoples and ensure that measures to mitigate
the impacts do not lead to further marginalization of indigenous peoples and violations of
their rights. She intends to examine how the human rights of indigenous peoples are
affected by the environmental situation and how decisions, policies and programmes under
multilateral environmental agreements take into account indigenous peoples’ rights, issues
and contributions in addressing this problem.
52.
Clearly, existing and future economic investment and trade agreements and treaties,
as well as conventions on the environment and on culture, have a direct impact on the
economic, social, environmental and cultural rights of indigenous peoples. There are
numerous issues that merit thematic attention. Nevertheless, in order to maximize the
impact of her investigations, the Special Rapporteur intends to focus her efforts over the
next three years of her mandate on issues surrounding economic, social, cultural and
environmental rights of indigenous peoples, which could include, but are not limited to, the
following:
• Poverty, inequality and development issues facing indigenous peoples, including
their right to determine their own development visions and strategies, and how those
issues should be addressed in the processes of defining sustainable development
goals and the post-2015 development agenda;
• The health situation of indigenous peoples, including issues of access to culturally
appropriate health services and traditional medicine and the role of indigenous
health-related knowledge, innovations and healing practices in that regard;
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