RES/6/36 Expert mechanism on the rights of indigenous peoples.

Human Rights Council

Resolution 6/36. Expert mechanism on the rights of indigenous peoples

The Human Rights Council,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15

March 2006, and paragraph 84 of the annex to Human Rights Council resolution 5/1

of 18 June 2007,

Recalling that, at its sixty-first session, the General Assembly adopted in its

resolution 61/295 of 13 September 2007 the United Nations Declaration on the Rights

of Indigenous Peoples,

Bearing in mind Human Rights Council resolution 6/16 of 28 September 2007,

Recalling that the Human Rights Council should be cognizant of the work

being undertaken on indigenous issues by other bodies in the United Nations system,

1. Decides, in order to assist the Human Rights Council in the

implementation of its mandate, to establish a subsidiary expert mechanism to provide

the Council with thematic expertise on the rights of indigenous peoples in the manner

and form requested by the Council:

(a) The thematic expertise will focus mainly on studies and research-based

advice;

(b) The mechanism may suggest proposals to the Council for its

consideration and approval, within the scope of its work as set out by the Council;

2. Also decides that this mechanism shall report annually to the Council

on its work;

3. Further decides that the expert mechanism shall consist of five

independent experts, the selection of which shall be carried out in accordance with the

procedure established in paragraphs 39 to 53 of the annex to Council resolution 5/1 of

18 June 2007;

4. Strongly recommends that, in the selection and appointment process,

the Council give due regard to experts of indigenous origin;

5. Decides, in order for the expert mechanism to enhance cooperation and

avoid duplicating the work of the Special Rapporteur on the situation of human rights

and fundamental freedoms of indigenous people and the Permanent Forum, that it

shall invite the Special Rapporteur and a member of the Permanent Forum to attend

and contribute to its annual meeting;

6. Also decides that the members of the expert mechanism shall serve for

a three-year period and may be re-elected for one additional period;

7. Further decides that, within its mandate, the expert mechanism on the

rights of indigenous peoples should determine its own methods of work, although the

expert mechanism shall not adopt resolutions or decisions;

8. Decides that the expert mechanism shall meet once annually three

days in its first year and thereafter for up to five days, and that the sessions may be a

combination of open and private meetings;

9. 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, non-governmental organizations in consultative status with the

Economic and Social Council; the meeting shall also be 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 the timely

information on participation and consultation with States concerned;

10. Requests the Secretary-General and the United Nations High

Commissioner for Human Rights to provide all the necessary human, technical and

financial assistance to the expert mechanism for the effective fulfilment of its mandate.

[Adopted without a vote] 34th meeting

14 December 2007

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