RES/33/25 Expert Mechanism on the Rights of Indigenous Peoples
Document Type: Final Resolution
Date: 2016 Oct
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item5: Human rights bodies and mechanisms
Topic: Indigenous Peoples
- Main sponsors2
- Co-sponsors28
GE.16-17177(E)
Human Rights Council Thirty-third session
Agenda item 5
Resolution adopted by the Human Rights Council on 30 September 2016
33/25. Expert Mechanism on the Rights of Indigenous Peoples
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming its support for the United Nations Declaration on the Rights of
Indigenous Peoples, adopted by the General Assembly in its resolution 61/295 of 13
September 2007,
Recalling all Commission on Human Rights and Human Rights Council resolutions
on human rights and indigenous peoples, in particular Council resolution 6/36 of 14
December 2007, in which the Council decided to establish the Expert Mechanism on the
Rights of Indigenous Peoples,
Reaffirming General Assembly resolution 69/2 of 22 September 2014, in which the
Assembly adopted the outcome document of the high-level plenary meeting of the
Assembly known as the World Conference on Indigenous Peoples, and taking note of the
report of the Secretary-General on the progress made in the implementation of the outcome
document,1
Bearing in mind Human Rights Council resolution 30/11 of 1 October 2015, in
which the Council requested the Office of the United Nations High Commissioner for
Human Rights to convene an expert workshop to review the mandate of the Expert
Mechanism, and welcoming the productive discussions held at workshop on 4 and 5 April
2016, as reflected in the report of the Office of the High Commissioner,2
Mindful of the work being undertaken on indigenous issues by other bodies in the
United Nations system and regional human rights systems,
1. Decides to amend the mandate of the Expert Mechanism on the Rights of
Indigenous Peoples, which shall provide the Human Rights Council with expertise and
advice on the rights of indigenous peoples as set out in the United Nations Declaration on
1 A/70/84–E/2015/76.
2 A/HRC/32/26.
the Rights of Indigenous Peoples, and assist Member States, upon request, in achieving the
ends of the Declaration through the promotion, protection and fulfilment of the rights of
indigenous peoples;
2. Also decides that the Expert Mechanism shall:
(a) Prepare an annual study on the status of the rights of indigenous peoples
worldwide in the achievement of the ends of the Declaration, focusing on one or more
interrelated articles of the Declaration, decided by the Expert Mechanism, taking into
consideration the suggestions received from Member States and indigenous peoples,
including challenges, good practices and recommendations;
(b) Identify, disseminate and promote good practices and lessons learned
regarding the efforts to achieve the ends of the Declaration, including through reports to the
Human Rights Council on this matter;
(c) Upon request, assist Member States and/or indigenous peoples in identifying
the need for and providing technical advice regarding the development of domestic
legislation and policies relating to the rights of indigenous peoples, as relevant, which may
include establishing contacts with other United Nations agencies, funds and programmes;
(d) Provide Member States, upon their request, with assistance and advice for the
implementation of recommendations made at the universal periodic review and by treaty
bodies, special procedures or other relevant mechanisms;
(e) Upon the request of Member States, indigenous peoples and/or the private
sector, engage and assist them by facilitating dialogue, when agreeable to all parties, in
order to achieve the ends of the Declaration;
3. Further decides that the Expert Mechanism shall report at least once a year to
the Human Rights Council on its work, and keep the Council fully informed of
developments on the rights of indigenous peoples;
4. Decides that the Expert Mechanism shall consist of seven independent
experts, one from each of the seven indigenous sociocultural regions,3 the selection of
which shall be carried out in accordance with the procedure and criteria for nominating,
selecting and appointing mandate holders established by the Human Rights Council in
paragraphs 39 to 53 of the annex to its resolution 5/1 of 18 June 2007;
5. Also decides to introduce staggered terms for the membership of the Expert
Mechanism, considering the need to secure continuity in its functioning;
6. Strongly recommends that, in the selection and appointment process, due
regard be given to recognized competence and experience in the rights of indigenous
peoples, experts of indigenous origin, and gender balance;
7. Decides that the members of the Expert Mechanism shall serve for a three-
year term, and may be reappointed for one additional term;
8. Also decides that, within its mandate, the Expert Mechanism shall determine
its own methods of work, although the Expert Mechanism may not adopt resolutions or
decisions;
9. Further decides that, within its mandate, the Expert Mechanism may seek
and receive information from all relevant sources as necessary to fulfil its mandate;
3 Africa; Asia; Central and South America, and the Caribbean; the Arctic; Central and Eastern Europe,
the Russian Federation, Central Asia and Transcaucasia; North America; and the Pacific.
10. Decides that, within its mandate, the Expert Mechanism shall coordinate its
work and further strengthen its participation, engagement and cooperation, as appropriate,
with the Permanent Forum on Indigenous Issues, the Special Rapporteur on the rights of
indigenous peoples, the United Nations Voluntary Fund for Indigenous Peoples and other
United Nations bodies and processes;
11. Encourages the Expert Mechanism to enhance its engagement with national
human rights institutions, which should be in accordance with the mandates of each
national human rights institution;
12. Decides that the Expert Mechanism shall meet annually for up to five days,
and that the sessions may be a combination of open and private meetings, as deemed
necessary;
13. Also decides that the annual meeting of the Expert Mechanism shall be open
to the participation, as observers, of States, United Nations mechanisms, bodies and
specialized agencies, funds and programmes, intergovernmental organizations, regional
organizations and mechanisms in the field of human rights, national human rights
institutions and other relevant national bodies, academics and experts on indigenous issues,
and non-governmental organizations in consultative status with the Economic and Social
Council; the meeting shall also be accessible to indigenous persons with disabilities and
open to indigenous peoples’ organizations and non-governmental organizations whose aims
and purposes are in conformity with the spirit, purposes and principles of the Charter of the
United Nations, based on arrangements, including Economic and Social Council resolution
1996/31 of 25 July 1996, and practices observed by the Commission on Human Rights,
through an open and transparent accreditation procedure in accordance with the rules of
procedure of the Human Rights Council, which will provide for timely information on
participation and consultation with the States concerned;
14. Further decides that the Expert Mechanism may also hold intersessional
meetings and activities for five days a year, and invites it to use information and
communications technology to advance its work;
15. Decides, in order for the Expert Mechanism to enhance cooperation and
avoid duplicating the work of the Special Rapporteur on the rights of indigenous peoples
and the Permanent Forum, that it shall participate in the activities of the Permanent Forum,
and invite the Special Rapporteur and a member of the Permanent Forum to attend and
contribute to its annual meeting;
16. Invites the special procedures of the Human Rights Council to explore
concrete ways to coordinate their work with the Expert Mechanism with regard to the rights
of indigenous peoples;
17. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide all human, technical and financial assistance necessary for the
Expert Mechanism to fulfil its mandate fully and effectively.
41st meeting
30 September 2016
[Adopted without a vote.]