33/56 Report of the Expert Mechanism on the Rights of Indigenous Peoples on its ninth session, Geneva, 11-15 July 2016
Document Type: Final Report
Date: 2016 Aug
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item5: Human rights bodies and mechanisms
GE.16-13681(E)
Human Rights Council Thirty-third session
Agenda item 5
Human rights bodies and mechanisms
Report of the Expert Mechanism on the Rights of Indigenous Peoples on its ninth session, Geneva, 11-15 July 2016
Chair-Rapporteur: Albert Kwokwo Barume
Summary
The Expert Mechanism on the Rights of Indigenous Peoples held its ninth session
from 11 to 15 July 2016. In addition to members of the Expert Mechanism, the participants
in the session included representatives of States, parliaments, indigenous peoples, United
Nations bodies, programmes and specialized agencies, non-governmental organizations,
national human rights institutions and academics.
The Expert Mechanism discussed follow-up to the World Conference on Indigenous
Peoples, including the review of the Expert Mechanism’s mandate, and held a panel discussion on the promotion and protection of the rights of indigenous persons with
disabilities. It also discussed the human rights of indigenous peoples in relation to business
enterprises.
The Expert Mechanism’s study on the right to health and indigenous peoples, with a focus on children and youth was considered. Discussions were also held on follow-up to
previous studies, the United Nations Declaration on the Rights of Indigenous Peoples and
the Sustainable Development Goals and the rights of indigenous peoples.
The Expert Mechanism adopted the proposals to be submitted to the Human Rights
Council at its thirty-third session. In addition, it adopted the study on the right to health and
indigenous peoples, with a focus on children and youth, and the report summarizing the
responses to the questionnaire seeking the views of States and indigenous peoples on best
practices regarding possible appropriate measures and implementation strategies in order to
attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples.
Contents
Page
I. Introduction ...................................................................................................................................... 3
II. Adoption of studies, reports and proposals ...................................................................................... 3
A. Adoption of the study and advice on the right to health and indigenous peoples .................... 3
B. Adoption of the report summarizing the responses to the questionnaire
on best practices regarding possible appropriate measures and implementation strategies
in order to attain the goals of the United Nations Declaration
on the Rights of Indigenous Peoples ........................................................................................ 3
C. Proposals .................................................................................................................................. 4
III. Organization of the session .............................................................................................................. 7
A. Attendance ............................................................................................................................... 7
B. Documentation ......................................................................................................................... 7
C. Opening ................................................................................................................................... 7
D. Election of officers .................................................................................................................. 8
E. Adoption of the agenda ............................................................................................................ 8
IV. Follow-up to the World Conference on Indigenous Peoples, including the review of the mandate
of the Expert Mechanism ................................................................................................................. 9
A. Review of the mandate of the Expert Mechanism ................................................................... 9
B. Briefing and discussion on the consultation process to enable the participation
of indigenous peoples’ representatives and institutions in meetings of relevant
United Nations bodies on issues affecting them ...................................................................... 10
V. Panel discussion on the promotion and protection of the rights of indigenous
persons with disabilities ................................................................................................................... 11
VI. Study and advice on the right to health and indigenous peoples, with a focus
on children and youth ....................................................................................................................... 13
VII. Human rights of indigenous peoples in relation to business enterprises .......................................... 15
VIII. Sustainable Development Goals and the rights of indigenous peoples ............................................ 16
IX. United Nations Declaration on the Rights of Indigenous Peoples.................................................... 17
X. Follow-up to thematic studies and advice ........................................................................................ 19
XI. Proposals to be submitted to the Human Rights Council ................................................................. 20
XII. Coordination meeting of United Nations mechanisms on indigenous peoples ................................ 20
XIII. Adoption of reports, studies and proposals ...................................................................................... 20
Annexes
I. List of participants ............................................................................................................................ 22
II. Provisional agenda of the tenth session ........................................................................................... 24
I. Introduction
1. In its resolution 6/36, the Human Rights Council established the Expert Mechanism
on the Rights of Indigenous Peoples as a subsidiary body to assist the Council in the
implementation of its mandate by providing it with thematic expertise on the rights of
indigenous peoples, as requested by the Council. In the resolution, the Council established
that the thematic expertise would focus mainly on studies and research-based advice, and
that the Expert Mechanism may suggest proposals to the Council for its consideration and
approval.
II. Adoption of studies, reports and proposals
2. The Expert Mechanism adopted its study and advice on the right to health and
indigenous peoples, with a focus on children and youth, and the report summarizing the
responses to the questionnaire seeking the views of States and indigenous peoples on best
practices regarding possible appropriate measures and implementation strategies in order to
attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples.
A. Adoption of the study and advice on the right to health and indigenous
peoples
3. The Expert Mechanism:
(a) Refers to paragraph 5 of Human Rights Council resolution 30/4, in which the
Council requested the Expert Mechanism to prepare a study on the right to health and
indigenous peoples, with a focus on children and youth, and to present it to the Council at
its thirty-third session;
(b) Adopts the study and advice on the right to health and indigenous peoples,
with a focus on children and youth;
(c) Authorizes the Chair-Rapporteur, in consultation with the other members of
the Expert Mechanism, to make the necessary revisions to the study in the light of
discussions carried out at its ninth session and to submit the final version to the Human
Rights Council at its thirty-third session.
B. Adoption of the report summarizing the responses to the questionnaire
on best practices regarding possible appropriate measures and
implementation strategies in order to attain the goals of the
United Nations Declaration on the Rights of Indigenous Peoples
4. The Expert Mechanism:
(a) Refers to paragraph 6 of Human Rights Council resolution 30/4, in which the
Council requested the Expert Mechanism to continue to undertake, with the assistance of
the Office of the United Nations High Commissioner for Human Rights (OHCHR), the
questionnaire on best practices regarding possible appropriate measures and
implementation strategies in order to attain the goals of the United Nations Declaration on
the Rights of Indigenous Peoples;
(b) Adopts the updated report;
(c) Authorizes the Chair-Rapporteur, in consultation with the other members of
the Expert Mechanism, to make the necessary revisions in the light of discussions carried
out at its ninth session and to submit the report to the Human Rights Council at its thirty-
third session.
C. Proposals
Proposal 1: Theme of the Expert Mechanism’s next study
5. In case the proposal made below to allow the Expert Mechanism to select
independently the themes of its future studies has not yet been adopted by the Council at its
thirty-third session (see proposal 3 (a) below), the Expert Mechanism proposes to the
Human Rights Council that it authorize the Expert Mechanism to undertake a study on one
of the following themes:
(a) The rights of indigenous peoples and individuals engaged with the promotion
and protection of human rights and fundamental freedoms;
(b) Discrimination facing indigenous peoples in business and access to financial
services, with specific reference to indigenous women entrepreneurs;
(c) Article 8 of the United Nations Declaration on the Rights of Indigenous
Peoples, including the right of indigenous peoples and individuals not to be subjected to
forced assimilation and destruction of culture.
Proposal 2: Theme of the half-day discussion at the thirty-sixth session of the
Human Rights Council
6. The Expert Mechanism proposes to the Council that it hold at its thirty-sixth session
a half-day discussion on the promotion and protection of the rights of indigenous persons
with disabilities, and proposes that the Council make this panel discussion fully accessible
to persons with disabilities.
Proposal 3: Review of the mandate of the Expert Mechanism
7. The Expert Mechanism proposes to the Human Rights Council that it incorporate the
following suggestions when strengthening the mandate of the Expert Mechanism, in
addition to other amendments aiming to strengthen the Mechanism:
(a) The Expert Mechanism should have greater independence and autonomy
from the Human Rights Council, including authority to select independently the themes of
its future studies, following consultations with indigenous peoples and Member States;
(b) The mandate of the Expert Mechanism should explicitly be based on the
United Nations Declaration on the Rights of Indigenous Peoples, which should also be the
Expert Mechanism’s main normative framework;
(c) There should be enhanced cooperation and interaction between the Expert
Mechanism and the Permanent Forum on Indigenous Issues, the Special Rapporteur on the
rights of indigenous peoples and other special procedure mandate holders involved in the
protection and promotion of indigenous peoples’ rights. In that regard, the coordination
meetings between mandate holders on indigenous peoples’ rights and the participation of
the Expert Mechanism’s Chair-Rapporteur at the annual sessions of the Permanent Forum
and the annual meeting of the special procedures should be institutionalized;
(d) The Expert Mechanism should be given the mandate to pursue country
engagement upon request, with a view to facilitating constructive dialogue between
indigenous peoples, States, the private sector and other stakeholders. This may include
technical assistance, awareness-raising and capacity-building activities;
(e) The number of members of the Expert Mechanism should be increased to
seven, with one expert coming from each of the seven indigenous sociocultural regions;
(f) The Expert Mechanism should be mandated to prepare an annual global
report on developments regarding the implementation of the Declaration, focusing on
emerging good practices;
(g) Cooperation and interaction should be enhanced between the Expert
Mechanism and the Human Rights Council, including through meetings with the Bureau of
the Council, its President and regional groups;
(h) The Expert Mechanism should contribute to the work of the Working Group
on Business and Human Rights, including its global and regional forums, with a view to
enabling constructive dialogue between businesses and indigenous peoples;
(i) Cooperation and interaction should be enhanced between the Expert
Mechanism and the United Nations human rights system in general, including the treaty
bodies and the universal periodic review process;
(j) The Expert Mechanism should enhance its collaboration with national human
rights institutions, including through joint activities at national and regional levels;
(k) Adequate resources and secretariat support should be allocated for the
expanded mandate of the Expert Mechanism, including for its increased intersessional
activities.
8. The Expert Mechanism further proposes to the Human Rights Council that it
complete the review of the Expert Mechanism’s mandate and introduce the necessary
changes at the Council’s thirty-third session.
Proposal 4: Participation of indigenous peoples within the United Nations
9. The Expert Mechanism:
(a) Proposes to the Human Rights Council that it make further efforts to enhance
the participation of indigenous peoples’ representatives and institutions in its work,
including in its meetings that are focused on the rights of indigenous peoples (in particular
the dialogue with the Expert Mechanism and the Special Rapporteur on the rights of
indigenous peoples and the annual half-day discussion on the rights of indigenous peoples);
(b) Proposes to the Human Rights Council that it urge the General Assembly to
pursue decisively the ongoing process to enable the participation of indigenous peoples’
representatives and institutions in meetings of relevant United Nations bodies on issues
affecting them, building on the compilation prepared by the advisers to the President of the
General Assembly on the question of enhancing indigenous peoples’ participation at the
United Nations;
(c) Proposes to the Council that it support the continuation of the work of the
advisers to the President of the General Assembly, two of whom are from Member States
and two of whom are from indigenous peoples;
(d) Encourages the Council to request the Expert Mechanism to report before the
General Assembly at its seventy-first session, in its discussion of implementation of the
paragraph 8 of the outcome document of the high-level plenary meeting of the Assembly
known as the World Conference on Indigenous Peoples (contained in Assembly resolution
69/2), on the Expert Mechanism’s contributions and advice on the issue of indigenous
peoples’ participation.
Proposal 5: Indigenous persons with disabilities
10. The Expert Mechanism:
(a) Bearing in mind that the Expert Mechanism’s sessions offer to indigenous
persons with disabilities a unique opportunity to voice their concerns and engage in
constructive dialogue with States, proposes that the Council allocate resources in order to
make the Expert Mechanism’s sessions fully accessible to persons with disabilities;
(b) Proposes to the Council that it encourage States to provide information and
data regarding indigenous persons with disabilities in their reports under the universal
periodic review process.
Proposal 6: Sustainable Development Goals
11. The Expert Mechanism proposes that the Council urge States to take measures to
ensure the participation of indigenous peoples, and in particular indigenous youth, in
national processes for the implementation of the Sustainable Development Goals.
Proposal 7: Implementation of the United Nations Declaration on the Rights
of Indigenous Peoples
12. The Expert Mechanism:
(a) Bearing in mind the forthcoming tenth anniversary of the adoption of the
Declaration, proposes that the Council authorize the Expert Mechanism to carry out a
review and summary of good practices in the implementation of the Declaration over the
last decade, and encourage Member States to contribute to this process;
(b) Proposes to the Council that it call upon States to ensure indigenous human
rights defenders are guaranteed a safe working environment and security in compliance
with international standards;
(c) Proposes that the Council urge States to contribute to the United Nations
Voluntary Fund for Indigenous Peoples;
(d) Reiterates its proposal that the Council and Member States draw increasingly
on the United Nations Declaration on the Rights of Indigenous Peoples and the thematic
work of the Expert Mechanism in the universal periodic review process, including with
regard to collective rights. The Expert Mechanism also proposes that, in future universal
periodic review cycles, the Declaration be explicitly included in the list of standards on
which the universal periodic review process is based.
Proposal 8: Indigenous peoples’ rights, business enterprises, and international
financial institutions
13. The Expert Mechanism proposes to the Council that it call upon States with stakes in
major international development banks, including the World Bank, to engage in dialogue
with these institutions with a view to ensuring that their safeguard standards and their
application are in compliance with international human rights law, including the United
Nations Declaration on the Rights of Indigenous Peoples and International Labour
Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Proposal 9: Webcasting of the sessions of the Expert Mechanism
14. The Expert Mechanism proposes to the Council that it provide the resources needed
for the sessions of the Expert Mechanism to be webcast, thus allowing them to reach a
broader audience.
III. Organization of the session
A. Attendance
15. The Expert Mechanism held its ninth session in Geneva, from 11 to 15 July 2016.
The members, Albert Kwokwo Barume (Democratic Republic of the Congo), International
Chief Wilton Littlechild (Canada), Edtami Mansayagan (Philippines), Alexey Tsykarev
(Russian Federation) and Erika M. Yamada (Brazil) took part in the session.
16. The participants of the session also included representatives of States, parliaments,
indigenous peoples, United Nations programmes, bodies and specialized agencies, national
human rights institutions, non-governmental organizations and academic institutions (see
annex I for a complete listing).
17. Also participating in the session were: Victoria Tauli-Corpuz, Special Rapporteur on
the rights of indigenous peoples; Catalina Devandas Aguilar, Special Rapporteur on the
rights of persons with disabilities; Alvaro Pop Ac, Chair of the Permanent Forum on
Indigenous Issues; Binota Dhamai, member of the Board of Trustees of the United Nations
Voluntary Fund for Indigenous Peoples; and the advisers to the President of the General
Assembly on the question of enhancing indigenous peoples’ participation at the United
Nations, Kai Sauer (Finland), Sammie Eddico (representing Martha Ama Akyaa Pobee,
Ghana), Claire Charters and James Anaya.
B. Documentation
18. The Expert Mechanism had before it the provisional agenda with annotations
(A/HRC/EMRIP/2016/1), the draft study on the right to health and indigenous peoples,
with a focus on children and youth, and the report on the expert workshop on the review of
the Expert Mechanism’s mandate (A/HRC/32/26).
19. The Expert Mechanism also had before it the following: a draft summary of
responses to the questionnaire seeking the views of States and indigenous peoples on best
practices regarding possible appropriate measures and implementation strategies in order to
attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples; a
report entitled “The Finno-Ugric peoples and sustainable development: health of
indigenous peoples”; a report of the monitoring mechanism on the implementation of the
Declaration in Aotearoa/New Zealand; and a final compilation of views on enabling
indigenous peoples’ participation in the United Nations (8 July 2016) and the addendum
thereto.
C. Opening
20. Mr. Tsykarev, outgoing Chair-Rapporteur of the Expert Mechanism, opened the
session and introduced Ramón Alberto Morales Quijano, Vice-President of the Human
Rights Council.
21. The Vice-President of the Council recognized the importance of the participation of
indigenous peoples in United Nations processes and thanked the United Nations Voluntary
Fund for Indigenous Peoples for supporting the participation of 20 indigenous
representatives at the session. He noted the important work undertaken by the Expert
Mechanism and expressed hope that the review of the Expert Mechanism would strengthen
its mandate to promote implementation of the Declaration at both the international and
national level. In addressing the right to health and indigenous peoples, he highlighted the
need to look at the broader picture of discrimination and the lack of understanding of the
social and cultural situations that indigenous peoples faced when accessing health-care
services.
22. In his opening remarks, the Director of the Human Rights Council and Treaty
Mechanisms Division of OHCHR thanked the members of the Expert Mechanism for their
commitment. He welcomed the 29 Fellows taking part in the Indigenous Fellowship
Programme of OHCHR and acknowledged the essential nature of indigenous peoples’
participation in ensuing that the work of the Expert Mechanism made relevant and targeted
contributions to the advancement of their rights. The Director highlighted the
multidimensional nature of indigenous peoples’ right to health, particularly for indigenous
women, children and persons with disabilities and noted that it is essential when addressing
this right to seek participatory solutions with the indigenous peoples concerned.
D. Election of officers
23. Mr. Tsykarev invited the members of the Expert Mechanism to nominate a Chair-
Rapporteur and Vice-Chair-Rapporteur for its ninth session. Chief Littlechild nominated
Mr. Barume as Chair-Rapporteur and Ms. Yamada as Vice-Chair-Rapporteur. Both were
appointed by acclamation.
24. In his opening statement, Mr. Barume thanked the members of the Expert
Mechanism for his election and welcomed the newest member, Ms. Yamada. He also
acknowledged the work of continuing members: Chief Littlechild, Mr. Mansayagan and
Mr. Tsykarev.
25. The Chair-Rapporteur gave an update on the studies and intersessional activities
carried out by the Expert Mechanism in the past year. They included the study on the right
to health and indigenous peoples, with a focus on children and youth. The study was
informed by an expert seminar co-organized by McGill University and OHCHR. The
Chair-Rapporteur also discussed the Expert Mechanism’s work on the questionnaire sent to
States and indigenous peoples on best practices regarding possible appropriate measures
and implementation strategies to attain the goals of the United Nations Declaration on the
Rights of Indigenous Peoples.
26. The Chair-Rapporteur then provided an overview of the agenda for the upcoming
ninth session. He closed by thanking the indigenous peoples, organizations and individuals
who contributed to the work of the Expert Mechanism and emphasized that the ninth
session was an opportunity to pursue the collective vision and purpose that united all
participants of the Expert Mechanism: the full realization of the human rights of indigenous
peoples.
E. Adoption of the agenda
27. The Expert Mechanism adopted the agenda and the programme of work of the ninth
session.
IV. Follow-up to the World Conference on Indigenous Peoples, including the review of the mandate of the Expert Mechanism
A. Review of the mandate of the Expert Mechanism
28. The agenda item on follow-up to the World Conference on Indigenous Peoples,
including the review of the mandate of the Expert Mechanism began with introductory
remarks from Mr. Tsykarev, who recalled paragraph 28 of the outcome document of the
World Conference on Indigenous Peoples, in which the General Assembly invited the
Human Rights Council:
Taking into account the views of indigenous peoples, to review the mandates of its
existing mechanisms, in particular the Expert Mechanism on the Rights of
Indigenous Peoples … with a view to modifying and improving the Expert
Mechanism so that it can more effectively promote respect for the Declaration,
including by better assisting Member States to monitor, evaluate and improve the
achievement of the ends of the Declaration.
29. He presented some preliminary views regarding the review of the mandate, which
included the following: that the Expert Mechanism should have stronger relationships with
the Human Rights Council, the Permanent Forum on Indigenous Issues and the Special
Rapporteur on the rights of indigenous peoples; that the Expert Mechanism needs to be
more readily accessible to indigenous peoples; that the Expert Mechanism has to be better
funded and has to be more engaged with country-specific activities, including provision of
technical assistance on request; and that the ultimate goal of the review should not be not
solely to strengthen the mandate of the Expert Mechanism, but rather to do so with a view
to increasing the rights of indigenous peoples on the ground.
30. The Chief of the Indigenous Peoples and Minorities Section of OHCHR provided an
overview of the background to the review of the mandate. He also gave an update on the
workshop that had been held in Geneva on 4 and 5 April 2016 following Human Rights
Council resolution 30/11. The dynamic and constructive discussions at the workshop
resulted in a range of specific proposals, which had been, in some cases, also
complemented by written submissions. He thanked the more than one hundred participants
for their inputs, as well as Mr. Anaya for moderating the workshop in an inclusive and
engaging manner. OHCHR looked forward to providing further support to the mandate
review process.
31. Mr. Anaya introduced the main discussion points and recommendations made at the
workshop. From those, three basic conclusions had become apparent: the need to strengthen
coordination between the Expert Mechanism, the Permanent Forum on Indigenous Issues
and the Special Rapporteur on the rights of indigenous peoples; expanding the Expert
Mechanism’s mandate to allow it to address country-specific situations, in a way that
avoided duplication with the work of the Special Rapporteur; and increasing the number of
members of the Expert Mechanism, while maintaining gender and geographical balance.
32. Mr. Barume noted that the workshop had allowed consideration of a number of
additional issues deemed important by the Expert Mechanism. They included the need for
broader participation of indigenous peoples in the Expert Mechanism, the working
relationship between the Expert Mechanism and national human rights institutions, and
multi-stakeholder dialogues at the country level, including the private sector. Ms. Tauli-
Corpuz added that better coordination between the indigenous mechanisms was needed and
that the Expert Mechanism had a real potential to influence the Human Rights Council and
its subsidiary bodies, as well as United Nations specialized agencies based in Geneva.
33. The ensuing discussion demonstrated continued support for the proposals put
forward in the report on the expert workshop (A/HRC/32/26). In particular, there was
support for greater communication between the Expert Mechanism, the Special Rapporteur,
the Permanent Forum and other parts of the United Nations human rights system, and for
the Expert Mechanism to be given the authority to select the themes of its studies and
prepare an annual report on the implementation of the Declaration.
34. Participants expressed support for the number of experts to be increased from five to
seven so as to represent all the indigenous sociocultural regions. Support was also
expressed for the proposal that the Expert Mechanism provide technical advice and
capacity-building to Member States when requested and for the secretariat to be better
staffed and funded.
35. In closing, Chief Littlechild noted the proposal of the Expert Workshop for the
Expert Mechanism to prepare an annual global report on the implementation of the
Declaration (see A/HRC/32/26, annex I). He also noted the reference made by participants
to the adoption by the Organization of American States of the American Declaration on the
Rights of Indigenous Peoples, which had highlighted article 24 on “Treaty rights” and
acknowledged the importance of that article in advancing the treaty rights of indigenous
peoples in concert with article 37 of the United Nations Declaration on the Rights of
Indigenous Peoples.
B. Briefing and discussion on the consultation process to enable the
participation of indigenous peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them
36. The briefing and discussion concerned commitments made in paragraph 33 of the
outcome document of the World Conference on Indigenous Peoples, to enable the
participation of indigenous peoples’ representatives and institutions in meetings of relevant
United Nations bodies on issues affecting them. Mr. Sauer, the Permanent Representative
of Finland to the United Nations in New York, opened the discussion by outlining the
phases of the relevant consultation process established under General Assembly resolution
70/232 in which the Assembly agreed that the consultation process should be timely,
inclusive, representative and transparent. The first phase was the appointment of the four
advisers: Mr. Sauer and Ms. Pobee, as well as the indigenous advisers, Ms. Charters and
Mr. Anaya.
37. Mr. Sauer noted that a questionnaire had been developed and sent to States and
indigenous peoples asking for contributions, following which two consultative meetings
had been held. Several draft compilations of the contributions had been developed
following advice from States and indigenous peoples and the final compilation had now
been submitted to the President of the General Assembly. The compilation would form the
basis of a draft text for consideration and adoption by the Assembly at its seventy-first
session.
38. The indigenous advisors outlined the content of the compilation, stating that there
was a clear consensus that indigenous peoples had the right to participate in the United
Nations in matters affecting them and that this did not undermine States in any way. There
was general agreement on indigenous participation at all levels of the United Nations, but it
was unclear whether that could be achieved by enhancing the existing mechanisms. The
question of how that could be achieved, and to whom a possible new category of
representation could be extended, was further outlined.
39. A number of States supported a new category of representation for indigenous
peoples. There were differing views about the possible membership requirements, such as
whether it should include only indigenous governments or whether there should be more
flexibility in the process. The need to further consult indigenous peoples while keeping up
the momentum was identified. Indigenous participants generally supported the need to
ensure greater indigenous participation in the United Nations and acknowledged the work
of the advisors.
40. In closing, the advisors outlined the current challenges to the process, highlighting
the need for a consensus outcome based on engagement, flexibility and a spirit of
compromise. Chief Littlechild encouraged that leadership in his closing remark that now
was the time to be bold.
V. Panel discussion on the promotion and protection of the rights of indigenous persons with disabilities
41. Mr. Mansayagan opened the panel discussion by welcoming the participants and
introducing the panellists. He drew attention to the Expert Mechanism’s work on the
subject, including most recently in its draft study on indigenous peoples and the right to
health. He acknowledged the Special Rapporteur on the rights of persons with disabilities
and the Special Rapporteur on the rights of indigenous peoples for co-convening an expert
meeting on that theme, with support from the International Labour Office and OHCHR.
42. Olga Montúfar, Director of Fundación Paso a Paso in Mexico, emphasized the
importance of ensuring equality of conditions and opportunities for indigenous persons with
disabilities. She underlined the importance of both the Convention on the Rights of Persons
with Disabilities and the United Nations Declaration on the Rights of Indigenous Peoples as
a legal framework to guide States, indigenous peoples and other stakeholders in
implementing the rights of indigenous persons with disabilities. She emphasized that the
lack of data on that population was a serious challenge and called for harmonized
approaches to capturing data on indigenous persons with disabilities, particularly in Latin
America and the Caribbean. She also emphasized that indigenous persons with disabilities
must participate in all decision-making on matters that affected them. She identified the
following steps forward: the promotion of autonomy of that population group; the need for
more research and data; and, most importantly, the development of a global plan to address
the situation of indigenous persons with disabilities to ensure they could be fully included
in the development of their communities and countries.
43. The Special Rapporteur on the rights of persons with disabilities highlighted the
exclusion, marginalization and discrimination faced by indigenous persons with disabilities.
She provided an overview of the expert meeting on indigenous persons with disabilities,
which had addressed the international human rights framework, including individual and
collective rights. She highlighted the need to apply an indigenous lens to the Convention on
the Rights of Persons with Disabilities and a disability lens to the United Nations
Declaration on the Rights of Indigenous Peoples. She highlighted the need for direct
participation of indigenous persons with disabilities, through increased financial support
from the United Nations system and appropriate, non-discriminatory services. Evidence,
research and data must be participatory and human rights-based. The Expert Mechanism
was called upon to take a leadership role in providing conceptual guidance on overcoming
challenges, such as ensuring that the national action plans called for by the World
Conference on Indigenous Peoples were inclusive of indigenous persons with disabilities
and facilitating the development of a network on that issue.
44. Pratima Gurung, from the Nepal Indigenous Disabled Association, discussed the
situation of indigenous persons with disabilities from a grassroots perspective. She
highlighted several challenges, including: the fact that the diversity of their identities, as
indigenous, disabled, women, created specific needs; discrimination and exclusion by
States and non-State actors; the need for greater recognition of their collective and
individual rights and for environmental problems to be addressed, such as natural disasters.
Recommendations to the indigenous-specific mechanisms included: ensuring the
participation and representation of indigenous persons with disabilities in their
deliberations; taking effective measures to ensure greater awareness of the applicable
international legal framework at the national level; follow-up in future sessions of the
Expert Mechanism and conducting a study specifically on indigenous women with
disabilities.
45. The Special Rapporteur on the rights of indigenous peoples provided an analysis of
the nexus, similarities and differences between the Convention on the Rights of Persons
with Disabilities and the United Nations Declaration on the Rights of Indigenous Peoples.
She proposed measures to ensure cultural sensitivities were respected. She also called for
disability to be embraced as part of human diversity. Finally, she called on indigenous
persons with disabilities to effectively utilize the International Labour Organization
Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Convention on the Rights
of Persons with Disabilities and the United Nations Declaration on the Rights of Indigenous
Peoples.
46. Doreen Demas, an advocate for the rights of indigenous persons with disabilities
from Canada, provided three specific recommendations to advance the realization of the
spirit of ideal of “leave no one behind” under the Sustainable Development Goals. The first
recommendation was that all indigenous-specific mechanisms take all measures possible to
ensure accessibility to all indigenous persons with disabilities, including: the provision of
alternate document formatting for written materials, such as in Braille, large print, and
accessible Microsoft Word or PDF formats, as well as plain language documentation; sign
language interpretation for the deaf and FM loop systems for people who were hard of
hearing; and ensuring that the physical premises were barrier-free. She further
recommended that the Expert Mechanism undertake a specific study in relation to the rights
of indigenous persons with disabilities, with the full participation of indigenous persons
with disabilities. Lastly, she recommended that, in the appointment of members of the
Expert Mechanism, consideration be given to ensuring that indigenous persons with
disabilities were represented, in a manner similar to consideration given to regional and
gender representation.
47. Indigenous peoples’ organizations indicated that there was a significantly higher rate
of disability among indigenous peoples and communities caused by multiple factors,
including colonization. Indigenous persons with disability experienced multiple and
intersecting forms of discrimination, such as stigmatization and marginalization, violence,
lack of access to appropriate health care, vulnerability due to migration and the prevalence
of the harmful practice of institutionalization. The situation was particularly dire in
developing countries and countries impacted by armed conflict and militarization.
Nevertheless, indigenous persons with disabilities in developed countries also experienced
marginalization and significant levels of risk.
48. The particular vulnerabilities of women and children with disabilities was discussed,
with Ms. Devandas Aguilar noting the higher prevalence of gender-based violence and
sexual assault and the lack of remedies and protection from such violence. Indigenous
peoples’ representatives submitted that indigenous children with disability were being
removed from their families and communities, in violation of individual and collective
human rights, which jeopardized the well-being and identity of children, families and
communities.
49. Furthermore, indigenous persons with disabilities could experience State-based
violence, such as violence by police and other State actors. There was often a pathway of
negative interaction with the criminal justice system, instead of justice and disability
support being provided. Indigenous peoples’ lands in some countries were being
contaminated, with severe adverse consequences, including birth defects and child
disability.
50. States provided examples of good practices, including national disability policies
and services addressing indigenous peoples’ needs and including the provision of culturally
appropriate services. Indigenous representatives called for greater investment in family
support and community-based services. Preventive approaches were identified as being of
critical importance.
51. Ms. Yamada expressed concerns regarding disabilities caused by mining,
particularly the uncontrolled use of mercury. She also emphasized the importance of taking
an intercultural approach to disabilities. Mr. Tsykarev called upon States and corporations
to safeguard the working conditions of indigenous peoples in order to prevent occupational
diseases. He also invited States to revise the system of periodic confirmation of disability
status for indigenous persons residing in remote and inaccessible areas in order to be able to
obtain a disability pension.
52. The experts thanked the Special Rapporteurs for convening the expert meeting on
indigenous persons with disabilities, and agreed that the Expert Mechanism and other
United Nations bodies must be fully inclusive of indigenous persons with disabilities. Chief
Littlechild recommended that the Committee on the Rights of Persons with Disabilities
should consider developing a general comment on indigenous persons with disabilities.
VI. Study and advice on the right to health and indigenous peoples, with a focus on children and youth
53. Mr. Barume introduced the study on the right to health and indigenous peoples, with
a focus on children and youth. He expressed his gratitude to the Institute for the Study of
International Development at McGill University, which had jointly with OHCHR organized
an expert seminar on the topic of the study in Montreal, Canada, in February 2016. He
thanked all the experts who had participated in the seminar for their valuable contributions.
He thanked all States, indigenous peoples’ organizations, non-governmental organizations
and national human rights institutions that provided submissions to the study. He then
provided a detailed overview of the study, focusing on the advice issued by the Expert
Mechanism to States, indigenous peoples and international organizations.
54. Ms. Yamada highlighted the need to strengthen traditional knowledge and practices
on health and for intercultural approaches that were sensitive to the health needs of
indigenous peoples. She also noted that environmental issues and displacement compound
the health challenges of indigenous peoples and called on States to share positive examples
of protection of indigenous peoples living in voluntary isolation. Mr. Tsykarev noted that
the global strategy and targets for tuberculosis prevention, care and control after 2015, adopted by the World Health Organization (WHO), made no reference to indigenous
peoples, despite tuberculosis being a significant challenge for them. He also highlighted the
need to lift the taboo around sexual health and sexually transmitted diseases, and called on
States and indigenous organizations to conduct joint initiatives in order to prevent
HIV/AIDS in indigenous communities.
55. Mr. Tsykarev referred to the outcomes of an expert seminar on indigenous peoples
and the right to health held on 26 and 27 of May 2016 in the Russian Federation to discuss
regional challenges and best practices pertaining to health issues. Participants had, for
example, outlined that States must create innovative models that would make it possible to
increase access to public health services, including for those who live a nomadic life or live
in remote and inaccessible areas. He also highlighted the need to consider the close
interconnections between health, livelihoods and ecology. He called upon States to allocate
adequate finances to health care, but underlined that many steps could be undertaken within
existing resources, including developing paramedicine by involving indigenous health-care
practitioners.
56. The ensuing interventions by participants demonstrated widespread support for the
main issues raised in the draft study. A particular emphasis was placed on the following
issues: the holistic nature of indigenous approaches to health; the need to address maternal
and infant mortality; the participation of indigenous peoples in the design of health-care
services so that those services incorporated intercultural approaches and were culturally
sensitive; disaggregated data on the health of indigenous peoples; the need for Western
medicine to recognize the value of indigenous approaches to medicine; and the
strengthening and protection of traditional knowledge about health. A central theme among
the statements of all participants was that self-determination could only be fully achieved if
the right to health was protected.
57. Participants highlighted issues that they believed needed to be further emphasized in
the study. They included the need for health professionals and indigenous health workers to
be trained in the treatment of psychosocial diseases and mental illness. At present, many
indigenous persons who suffered from those conditions due to exposure to violent crimes
and conflict-related trauma (including intergenerational trauma) did not have access to
treatment. Participants also emphasized the need to recognize the importance of collective
well-being and the role of families in the realization of the right to health, particularly for
indigenous children and adolescents.
58. Several participants noted that a greater emphasis needed to be placed on language
as an important component of the right to health, both in relation to ensuring that health-
care services were provided in indigenous languages and the role that language played in
the healing process. Comments were also made on the relationship between poor health
outcomes and environmental degradation caused by extractive industries and large-scale
development, as well as the intersection between food, nutrition and the right to health.
Finally, a significant number of participants and States called on the Expert Mechanism to
provide support and advice on county-specific health issues, in conjunction with WHO, and
noted the need for WHO to appoint a focal point on issues relating to the health of
indigenous peoples.
59. Chief Littlechild supported the call made by Ms. Yamada to attend to the rights of
indigenous peoples in voluntary isolation. He also highlighted the issue of uranium mining
and its negative impact on indigenous peoples’ health, and the inclusion of a reference to
the “famine and pestilence clause” and the “medicine chest clause” of Treaty No. 6 in
Canada.
60. In closing, Mr. Barume reiterated the link between self-determination and the right
to health. He highlighted some of the key concerns that had come up during the discussion,
including: the strong correlation between historical trauma and the current health conditions
faced by indigenous peoples; the important role of indigenous languages in the right to
health; the impact of environmental toxins and chemical contamination on not only air and
water but entire food systems; the need to develop good practices in the funding models for
indigenous health systems; the health challenges faced by indigenous peoples living in
conflict and detention; the central role that consultation and free, prior and informed
consent had to play in the right to health; and the need to raise awareness regarding
indigenous peoples living in voluntary isolation.
VII. Human rights of indigenous peoples in relation to business enterprises
61. Chief Littlechild chaired a discussion on the human rights of indigenous peoples in
relation to business enterprises emphasizing that this was a critical issue for the realization
of the human rights of indigenous peoples, including self-determination, rights related to
lands, territories and resources and economic, social and cultural rights. The Expert
Mechanism had addressed the issue in several of its studies, including in its follow-up
report on indigenous peoples and the right to participate in decision-making, with a focus
on extractive industries (A/HRC/21/55). Furthermore, the Expert Mechanism had issued a
comment on the Human Rights Council’s Guiding Principles on Business and Human
Rights at its fifth session in 2012.
62. Participants focused their interventions on four themes. Firstly, participants
highlighted the applicable legal and policy frameworks, including the United Nations
Declaration on the Rights of Indigenous Peoples, treaties, such as the International
Convention on the Elimination of All Forms of Racial Discrimination, and related general
comments, the United Nations Global Compact, the Guiding Principles on Business and
Human Rights and the development of a new binding instrument under consideration by
Human Rights Council. Participants frequently referenced land rights and permanent
sovereignty over natural resources protected under the Declaration. Several speakers also
referred to provisions in the Declaration on self-determination and to free, prior and
informed consent, which could be characterized as a call for all to work together. The
“Calls to Action” of the Truth and Reconciliation Commission of Canada for business to
work towards reconciliation was mentioned as an example of how such partnerships could
be approached.
63. Secondly, participants highlighted the role of various sectors of business, including
investment, tourism and the media, as well as key areas of practice, such as resource
revenue-sharing and procurement contracts, in implementing the rights of indigenous
peoples in that area. Positive examples of enhancing economic empowerment of indigenous
peoples were also highlighted by States and indigenous peoples.
64. Thirdly, participants highlighted ongoing human rights violations in the business
sector, particularly violations of spiritual rights and rights related to lands, territories and
resources, which caused disease and had an impact on access to potable water. Participants
noted that there were examples of corporate violence, including land grabbing and violence
against indigenous women and girls. Those interventions highlighted the need for States to
ensure that the human rights of indigenous peoples were protected, by ensuring that both
States and transnational corporations upheld their responsibilities.
65. Lastly, solutions aimed at self-determination in the area of economic development
were outlined, including a strong call for advancement of indigenous-driven economies.
National action plans, regulatory schemes for extraterritorial activities and traditional ways
of mediation of indigenous peoples were also discussed.
66. Ms. Yamada expressed concern about the role of States vis-à-vis companies that
conducted activities affecting indigenous peoples in countries other than the country in
which they were headquartered, which often acted without respect for the principle of free,
prior and informed consent. She also expressed concern about the violence against
indigenous peoples related to land grabbing carried out by agribusiness enterprises, which
could often result in evictions of indigenous peoples from their lands.
67. Mr. Tsykarev called upon States to implement national action plans on business and
human rights, with specific reference to indigenous peoples’ rights. He also referred to the
law on ethnological expertise in traditional living and livelihood areas of small indigenous
peoples in the Republic of Sakha (Yakutia), Russian Federation. The law, adopted in 2010,
not only provided for an extractive industry impact assessment, but also contained
recommendations on undertaking long-term programmes for the socioeconomic
rehabilitation of indigenous peoples of the North, preservation of their cultural heritage and
establishment of a foundation for future generations. Since 2015, not only companies, but
also individuals had been able to apply for that ethnological expertise. He called for the
establishment of such laws at the federal level as well.
68. Mr. Tsykarev also referred to the high-level dialogue on the proposed
Environmental and Social Standard 7 on Indigenous Peoples, held by the World Bank in
Addis Ababa in February 2016 with several African Governments. He expressed his
concern about the unstable position of some governments, which reaffirmed their
commitments toward international norms and standards on indigenous issues, but remained
reluctant to endorse the principle of free, prior and informed consent, and concerns about
the use of the term “indigenous peoples” in the World Bank’s safeguards. He noted that the
three United Nations indigenous-specific mechanisms, including the Expert Mechanism,
had written a letter to the President of the World Bank arguing that free, prior and informed
consent was not the same as broad community support and requesting that the World Bank
continue a dialogue with indigenous peoples prior to final endorsement of the new
safeguard policy.
69. The Members of the Expert Mechanism suggested that the Working Group on
business and human rights should clarify the application of the Guiding Principles on
Business and Human Rights to multilateral development banks, with a view to ensuring that
they respect human rights in all their operations, and those affecting indigenous peoples in
particular.
VIII. Sustainable Development Goals and the rights of indigenous peoples
70. Ms. Yamada, introducing this agenda item, stated that the Sustainable Development
Goals, adopted in September 2015, constituted the international community’s road map for
development in the forthcoming years. She outlined some concerns regarding the degree to
which the rights and concerns of indigenous peoples had been addressed in that document
and suggested measures that should be taken so that indigenous voices were heard as
governments developed and implemented action plans, policies and programmes at the
national level to achieve the new goals.
71. She also drew connections between the Declaration and the Sustainable
Development Goals, stressing that the Declaration should be the starting point for any
consideration of indigenous peoples’ individual and collective rights. Of particular
relevance to the Goals were indigenous peoples’ right to self-determination, the right to
freely pursue their economic, social and cultural development and the right to determine
and develop priorities and strategies for exercising the right to development. She then
highlighted how the studies of the Expert Mechanism could be drawn upon in efforts to
implement the Sustainable Development Goals in a manner that was respectful of the rights
of indigenous peoples, including in the areas of health (Goal 3), education (Goal 4) and
access to justice (Goal 14).
72. Mr. Pop Ac, Chair of the Permanent Forum on Indigenous Issues, discussed his
recent participation at the high-level political forum on sustainable development, which
centred on the theme “ensuring that no one is left behind”. The Permanent Forum on
Indigenous Issues was concerned that some of the Sustainable Development Goals could
have a negative impact on indigenous peoples if their free, prior and informed consent was
not respected, particularly with regard to clean energy projects. He emphasized the
importance of disaggregated data as a means to properly monitor that no one, or no
particular group, was left behind as States strove to achieve the goals. He encouraged States
to ensure full participation of indigenous peoples in national plans to achieve the goals, in
partnership with the United Nations system, and reminded participants that indigenous
peoples had much to contribute to the Sustainable Development Goals through their
traditional knowledge and food production systems.
73. In the ensuing discussion, representatives of States and indigenous peoples reported
on both promising practices and challenges regarding the Sustainable Development Goals.
Promising practices included: taking into consideration the specificity of indigenous
peoples’ relationship with their lands in national development strategies; data collection
initiatives that involved the participation of indigenous peoples themselves; and technical
assistance for agriculture. Challenges included: insufficient attention being given to the
causes and consequences of climate change; a lack of attention to indigenous peoples’
world views in relation to the concept of poverty; and the implications of large-scale
development projects, often financed by multilateral banks, to indigenous peoples’ self-
determined development and other rights.
IX. United Nations Declaration on the Rights of Indigenous Peoples
74. Chief Littlechild provided introductory comments to the discussion of the
Declaration, including good practices and strategies for the implementation of the
Declaration in the promotion and protection of the rights of indigenous peoples. He
emphasized the importance of this agenda item, as the tenth anniversary of the
Declaration’s adoption approached.
75. At its thirtieth session, the Human Rights Council had requested the Expert
Mechanism to continue to undertake, with the assistance of OHCHR, the questionnaire
survey to seek the views of States and indigenous peoples on best practices regarding
possible appropriate implementation measures to attain the goals of the Declaration. Chief
Littlechild introduced the draft report, highlighting that the responses from States tended to
focus on positive steps taken in particular sectors, such as education, health and
environmental policy, rather than reporting on areas that required improvement or on
specific measures taken to evaluate progress in the overall implementation of the
Declaration. Responses from indigenous peoples provided examples of advocacy,
awareness-raising activities, training and capacity-building and translation of the
Declaration into indigenous languages.
76. Chief Littlechild noted that, while progress was being made, more attention needed
to be focused on action plans specifically aimed at implementation of the Declaration,
where evaluation mechanisms could be put in place to measure advancements made over
time. Concern was expressed about States’ reluctance to reference the Declaration in treaty
settlement documents. He stressed the importance of tracking what progress had been
achieved over the past decade, and what work remained, as the decade celebration of the
adoption of the Declaration approached.
77. Ms. Tauli-Corpuz, the Special Rapporteur on the rights of indigenous peoples,
provided a detailed report of her work over the past year, including country visits, thematic
studies and good practices and participation in meetings of multinational global and
regional bodies. She had carried out official country visits to Honduras (November 2015)
and Brazil (March 2016), as well as a visit to follow up to the situation of the Sami peoples
in the Sápmi region of Finland, Norway and Sweden. As to thematic studies and good
practices, she had devoted her second report to the situation of indigenous women and girls,
who experienced a broad, multifaceted and complex spectrum of mutually reinforcing
human rights abuses.
78. Mr. Pop Ac provided an update on the work of the Permanent Forum on Indigenous
Issues, including its fifteenth session, which took place in May 2016. Several initiatives to
implement the outcome document of the World Conference on Indigenous Peoples had
been discussed during the session, including the development of national action plans, the
establishment of interministerial working groups on indigenous peoples and other measures
taken in partnership with indigenous peoples. The fifteenth session was also the setting for
the presentation of the system-wide action plan for ensuring a coherent approach to
achieving the ends of the United Nations Declaration on the Rights of Indigenous Peoples
(see E/C.19/2016/5). With regard to the review of the mandate of the Expert Mechanism, he
underlined that complementarity with the Permanent Forum must be one of the guiding
elements of the mandate review and supported the idea of expanding membership to seven
experts, one from each of the indigenous sociocultural regions.
79. Binota Dhamai provided a statement on the United Nations Voluntary Fund for
Indigenous Peoples, noting that 2015 marked the thirtieth anniversary of the Fund,
providing an opportunity to celebrate its accomplishments. In 2016, the Fund had selected
64 indigenous representatives to participate in many forums, including the ninth session of
the Expert Mechanism, the fifteenth session of the Permanent Forum on Indigenous Issues,
multiple sessions of the Human Rights Council and the Working Group on the Universal
Periodic Review and sessions of several treaty bodies.
80. Some States informed the Expert Mechanism of current implementation activities,
illustrating engagement with indigenous leaders, including tribal leaders and youth. Some
States reported on examples of follow-up to the Declaration, such as legislative measures.
Participants made proposals for the advancement of the Declaration in several areas,
including: cross-border cooperation; research; legal and policy compliance with free, prior
and informed consent; consistent application of international law; and the establishment of
national action plans. Chief. Littlechild noted the importance of States adopting effective
legislative frameworks to implement the Declaration and of engaging in partnerships, rather
than unilateral actions.
81. There was reference to the recently adopted American Declaration on the Rights of
Indigenous Peoples. Chief Littlechild noted that, in countries belonging to the Organization
of American States, the American Declaration and the United Nations Declaration must be
read together in such a way that the instrument with the higher standard must be applied in
any given situation.
82. Ms. Yamada stated that, in many countries, indigenous peoples were seen as a
problem or an obstacle to development, which led to the perpetuation of violence against
them. That was often the root cause of the gravest violations of their rights and an
impediment to the Declaration not being reflected in national laws and policies. For that
reason, efforts to bring reconciliation between indigenous peoples and States must be
encouraged and pursued.
83. Members of the Expert Mechanism underlined the critical role that international
financial institutions, such the World Bank, could play in the implementation of the
Declaration and called upon international development banks and their States shareholders
to ensure funded projects and safeguard standards were in compliance with international
norms on indigenous peoples.
84. Several members of the Expert Mechanism emphasized the importance of ensuring
that indigenous human rights defenders received adequate protection and that their freedom
of expression, freedom of assembly and other rights were fully respected. In that regard,
they expressed concerns about the situation of Jannie Lasimbang, a former Chair of the
Expert Mechanism, who was currently being prosecuted for her role in organizing peaceful
assemblies.
X. Follow-up to thematic studies and advice
85. Mr. Tsykarev introduced the agenda item on follow-up to thematic studies and
advice by recalling the Expert Mechanism’s mandate and listing the studies and advice
previously issued by the Expert Mechanism. The studies and advice were meant to provide
a better understanding of the provisions of the Declaration and to propose concrete actions
that States, indigenous peoples, civil society, international organizations, national human
rights institutions and others could take in order to further its implementation. The studies
of the Expert Mechanism placed special emphasis on the participation of indigenous
peoples themselves in decisions that affected them.
86. He also shared some examples of how the Expert Mechanism was moving forward
on issues relating to previous studies. In the study on cultural heritage, the Expert
Mechanism had underscored the need for Member States, museums and other collecting
entities and international organizations to work together to enable repatriation of cultural
items and ceremonial objects of indigenous peoples. The Permanent Forum at its fifteenth
session had made two specific recommendations regarding repatriation. One
recommendation was directed to United Nations Educational, Scientific and Cultural
Organization (UNESCO) and the Expert Mechanism, suggesting they co-host an expert
seminar regarding the establishment of a mechanism or an instrument for repatriation of
such objects.
87. He also called on States to ensure continued implementation of best practices that
had been referenced in previous studies of the Expert Mechanism. As an example, he
mentioned the Assembly of Indigenous Peoples of the North in the parliament of Khanty-
Mansiysky autonomous region of the Russian Federation, referred to in the study on
indigenous peoples and the right to participate in decision-making (A/HRC/18/42), noting
that there had been developments that could weaken that good practice significantly.
88. The ensuing discussion focused mostly on the Expert Mechanism’s studies on
access to justice and cultural heritage. With regard to access to justice, participants
highlighted that representation of indigenous peoples in prison systems remained high in
several countries and conditions of imprisonment often violated human rights. Participants
called for improved juridical systems and legal assistance as a prerequisite to ensuring
access to justice. They also emphasized the need to decriminalize the work of indigenous
human rights defenders. In terms of cultural heritage, several participants expressed
concerns regarding the vitality of their languages and the importance of indigenous
languages being taught in schools. Chief Littlechild expressed concerns over violations of
spiritual rights when sacred ceremonies as part of cultural heritage were impacted. He also
indicated that the Maskwacis Cree had recently declared Cree as the official language in
their territories.
89. Participants discussed issues relating to participation, such as low representation in
national and local governments, as well as education, including continued discrimination
against indigenous peoples in public education systems. Although few good practices were
discussed, indigenous representatives noted that the Expert Mechanism’s recommendations
were very useful, because they broadened understanding of the articles of the Declaration.
90. Summarizing the discussion Mr. Tsykarev highlighted the great number of
statements on the issue of human rights defenders, catalysed by the murder of Berta
Cáceres. He noted that deeper research had to be undertaken on that theme.
XI. Proposals to be submitted to the Human Rights Council
91. The Chair-Rapporteur invited observers to share their recommendations regarding
the Expert Mechanism’s proposals to the Council. The following is a non-exhaustive list of
suggestions made for future studies to be undertaken by the Expert Mechanism:
(a) The situation of indigenous human rights defenders;
(b) Discrimination facing indigenous peoples in business and access to financial
services;
(c) Forced assimilation and destruction of culture;
(d) Indigenous peoples and the right to food;
(e) The implementation of the right to self-determination in accordance with
article 3 of the Declaration;
(f) The implementation of collective rights;
(g) The promotion and protection of the rights of lesbian, gay, bisexual,
transgender and intersex indigenous persons.
92. Ms. Yamada highlighted the important role that States and national human rights
institutions could play in disseminating the Expert Mechanism’s studies and applying its
advice. She also expressed support for the theme of indigenous human rights defenders.
XII. Coordination meeting of United Nations mechanisms on indigenous peoples
93. The Members of the Expert Mechanism held a private meeting with the Chair of the
Permanent Forum on Indigenous Issues, the Special Rapporteur on the rights of indigenous
peoples and a representative of the Board of Trustees of the United Nations Voluntary Fund
for Indigenous Peoples. The agenda for that meeting included plans for the upcoming tenth
anniversary of the adoption of the Declaration; joint communications; the review of the
Expert Mechanism’s mandate; and an update on ongoing discussion with UNESCO
regarding the repatriation of cultural objects. The mechanisms agreed to collaborate on a
number of issues, including in connection with the tenth anniversary of the United Nations
Declaration on the Rights of Indigenous Peoples.
XIII. Adoption of the reports, studies and proposals
94. At the last meeting of its ninth session, the Expert Mechanism adopted its study and
advice on the right to health and indigenous peoples, with a focus on children and youth,
and the report summarizing the responses to the questionnaire seeking the views of States
and of indigenous peoples on best practices regarding possible appropriate measures and
implementation strategies in order to attain the goals of the United Nations Declaration on
the Rights of Indigenous Peoples, as well as the proposals listed in section II of the present
report. All proposals were adopted by consensus. The members of the Expert Mechanism
adopted a provisional agenda for the tenth session of the Expert Mechanism (see annex II).
95. At the final meeting of the ninth session, the members of the Expert Mechanism also
acknowledged the significant contribution of Chief Littlechild to the advancement of the
rights of indigenous peoples over the course of his six years as a member of the Expert
Mechanism.
Annex I
List of participants
States Members of the United Nations represented by observers
Algeria, Argentina, Armenia, Australia, Belgium, Bolivia (Plurinational State of), Brazil,
Burundi, Canada, Colombia, Chile, China, Costa Rica, Denmark, Dominican Republic,
Ecuador, Finland, France, Germany, Ghana, Greece, Guatemala, Haiti, Honduras, Italy,
Indonesia, Japan, Lao People’s Democratic Republic, Lesotho, Libya, Luxembourg,
Mexico, Morocco, Myanmar, Nepal, New Zealand, Nicaragua, Norway, Panama, Peru,
Poland, Romania, Russian Federation, Senegal, Slovakia, Slovenia, South Africa, Spain,
Sweden, Switzerland, Turkey, United States of America, Ukraine, Uruguay, Venezuela
(Bolivarian Republic of)
Non-member States represented by an observer
Holy See
United Nations mandates, mechanisms, bodies and specialized agencies, funds
and programmes represented by observers
Pan American Health Organization, United Nations Institute for Training and Research,
World Intellectual Property Organization
Intergovernmental organizations, regional organizations and mechanisms in the field
of human rights represented by observers
European Union
National human rights institutions represented by observers
New Zealand Human Rights Commission
Academic and experts on indigenous issues represented by observers of the following
institutions
James Cook University; Leuphana Universität Lüneburg; Structural Analysis of Cultural
Systems; Faculty of Law of the Universidad Autónoma de Madrid ; Universidade de
Brasília; University of Manitoba
Non-governmental organizations as well as indigenous nations, peoples, organizations
and parliamentarians
Aboriginal Rights Coalition; Acal el Hajeb; Agencia Internacional para la Paz;
Aktionsgruppe Indianer & Menschenrechte; Alifuru Council; Arafura Dance Association;
Asia Indigenous Peoples Pact; Asociacion de Indigenas Saraguros; Assemblée des
Arméniens d’Arménie occidentale; Association “Ellay” de Tombouctou du peuple
autochtone Touareg; Association Culturelle Adrar Ath Koudhia Kabylie; Association
culturelle et scientifique de Khenchelo; Association de femmes de Kabylie; Association
Espoir pour les Jeunes Batwa; Association Tartit du Burkina Faso; Australian Indigenous
Leadership Centre; Bharat Munda Samaj; Bureau d’études scientifiques et techniques;
Comunidad Atacameña de Chunchuri; World Amazigh Congress; Congrès populaire
coutumier Kanak; Congreso del Estado de Jalisco; Consejo de Todas las Tierras Mapuche;
Consejo Regional Indígena del Tolima; Council of Indigenous Peoples in Today’s Vietnam;
Cultural Survival; Derecho, Ambiente y Recursos Naturales; Drumbeat Media; East
Arnhem Regional Council; Edfu Foundation; Elders Council of the Shor People; FIAN
International; First Peoples Disability Network Australia; Foundation for Aboriginal and
Islander Research Action; Friends World Committee on Consultation; Fundación Paso a
Paso; Grand Council of the Crees; Harikar NGO; Haudenosaunee External Relations
Committee; Human Rights and Development Organization for Poters; IMPECT
Association; Indian Law Resource Centre; Indigenous Media Foundation; LAHURNIP;
Indigenous Peoples’ Centre for Documentation, Research and Information (DOCIP);
Indigenous Peoples Development Services; Indigenous World Association; Inuit
Circumpolar Council; International Committee for the Indigenous Peoples of the Americas;
International Committee for the Indigenous Peoples of the Americas (Incomindios);
International Indian Treaty Council; International Public Organization Foundation for
Research and Support of Indigenous Peoples of Crimea; Indigenous Peoples and Nations
Coalition; Indigenous Persons with Disabilities Global Network; Indian Council of South
America; Khmers Kampuchea-Krom Federation; Kinal Antzetite Guerrero AC; Kvenland
Association; Lipan Apache Women’s Defense group; Maleya Foundation; Maloca
Internationale; Maskwacis Cree; Monitoring Mechanism of the Iwi Chairs Forum;
Moonfish Aboriginal Corporation; Movimiento Indígena de Nicaragua; Consejo Indígena
de Centroamérica; Nación Originaria Yampara; National Congress of American Indians;
Native American Rights Fund; Nepal Indigenous Disabled Association; National
Indigenous Disabled Women Association; New South Wales Aboriginal Land Council;
Northern Land Council; Ochapowace Nation; Ogiek Peoples’ Development Program;
Otomi People; Oxfam Australia; Pastorialist Information and Development Organization;
Pueblo Bubi de la Isla de Bioko; Pueblo Guarani de Hipolito Yrigoyen; Pueblo Indígena
Ette Ennaka; Red Nacional de Casas de la Mujer en México; Saami Council; Sami
Parliament of Norway; Sengwer Indigenous Peoples Programme; Society for Threatened
Peoples; Tartit du Burkina Faso; Ti Tlanizke; Toumast Union of Civil Society
Organizations of Libyan Amazigh; Universal Esperanto Association; Wayuu Indigenous
Women’s Force; Wayunkerra Indigenous Women’s Initiative
Annex II
Provisional agenda of the tenth sessiona
1. Election of officers.
2. Adoption of the agenda and organization of work.
3. Panel discussion and interactive dialogue on indigenous human rights defenders.
4. Human rights of indigenous peoples in relation to business enterprises.
5. Thematic study and advice to be prepared in accordance with the forthcoming
resolution of the Human Rights Council.
6. Interactive dialogue with national human rights institutions and similar mechanisms.
7. United Nations Declaration on the Rights of Indigenous Peoples.
8. Follow-up to thematic studies and advice.
9. Proposals to be submitted to the Human Rights Council for its consideration and
approval.
10. Adoption of the report.
a Subject to changes to the mandate of the Expert Mechanism.