RES/33/25 Expert Mechanism on the Rights of Indigenous Peoples

GE.16-17177(E)

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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.]