A/HRC/36/22
H.
Mandate of the Expert Mechanism on the Rights of Indigenous Peoples
85.
At its thirty-third session, the Human Rights Council adopted its resolution 33/25,
amending the mandate of the Expert Mechanism. Following extensive consultations and an
expert workshop, the Council amended the mandate of the Expert Mechanism. Its new
mandate is to provide the Council with expertise and advice on the rights of indigenous
peoples as set out in the Declaration, 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. Specific new elements of the mandate include: upon request, assisting
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; providing 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;
upon the request of Member States, indigenous peoples and/or the private sector, engaging
and assisting them by facilitating dialogue, when agreeable to all parties, in order to achieve
the ends of the Declaration; and identifying, disseminating and promoting good practices
and lessons learned regarding the efforts to achieve the ends of the Declaration, including
through reports to the Council.
86.
In March 2017, OHCHR supported two intersessional meetings of the Expert
Mechanism, hosted respectively by the Government of Canada and the Government of the
Russian Federation. These intersessional meetings allowed the members of the Expert
Mechanism to reflect on their new mandate and devise strategies for its implementation.
I.
Universal periodic review
87.
Issues related to indigenous peoples’ rights were addressed in a number of
recommendations arising from the universal periodic review during the twenty-fifth to
twenty-seventh sessions of the Working Group on the Universal Periodic Review.
Recommendations on indigenous peoples were addressed to Antigua and Barbuda, Brazil,
Ecuador, Hungary, Papua New Guinea, Saint Vincent and the Grenadines, Suriname,
Thailand and the United Republic of Tanzania. The recommendations to either ratify or
implement the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169) and to fully
implement the United Nations Declaration on the Rights of Indigenous Peoples were made
many times. Another recommendation was to take measures to guarantee to indigenous
peoples the full respect of human rights, in particular through the establishment of
mechanisms for their prior and informed consent on issues that affect them. Other issues
that were raised related to indigenous peoples’ access to education, especially in their
mother tongue, and equal access to health care, safe drinking water, justice and political
participation. Additional recommendations on the rights of indigenous people related to the
preservation of their land, culture and resources; the adoption of measures to reduce the
negative impact of mining on the environment and the rights of indigenous peoples and
their lands, in conformity with international standards; and the establishment of formal
platforms to guarantee and protect the rights of indigenous peoples and to strengthen the
legal protection of indigenous peoples in comprehensive anti-discrimination legislation.
IV. Conclusions
88.
During the reporting period, OHCHR supported indigenous peoples in finding
ways to address some of the major challenges they face, including by assisting States
in facilitating and providing access to legal remedies for indigenous peoples. It also
delivered capacity development for indigenous communities to help them make use of
national legal systems and strengthen their advocacy for the recognition of indigenous
peoples’ justice systems. OHCHR further supported States, national human rights
institutions and civil society in empowering individuals and communities to monitor
deteriorating situations and put in place systems to monitor and supervise the
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents