A/HRC/15/35
Committee further affirmed that the right to participation under article 25 (a) includes the
right to take part in the conduct of public affairs, directly or through freely-chosen
representatives. The Committee concluded that the provision did not establish a right to
direct representation by an indigenous group in a constitution-making process as long as the
individual members of the group enjoyed rights of participation along with other groups.3 It
should, however, be pointed out that more recently, the Committee has made several
explicit references to either article 1 or to the notion of self-determination in the context of
indigenous peoples, relevant to the right to participation of indigenous peoples.4
12.
On the other hand, the right to participation relating to certain matters concerning
internal or local affairs is evoked under article 27 of the Covenant, which protects the
cultural rights of indigenous peoples. The Human Rights Committee observed that the
enjoyment of those rights might require positive legal measures of protection and measures
to ensure the effective participation of indigenous communities in decisions affecting
them.5 The right to participation has been further elaborated in subsequent observations and
conclusions of the Committee in the context of individual complaints brought under the
first Optional Protocol to the Covenant. The absence of meaningful consultations with the
indigenous community concerned regarding measures that may affect them, normally
constitutes a denial of their cultural rights under article 27.6
13.
Articles 7 and 8 of the Convention on the Elimination of All Forms of
Discrimination against Women make clear that women’s right to participation in the
political and public life of a State should be on equal terms with that of men, including in
the international area. While the Convention does not specifically make reference to the
rights of indigenous women, the articles must be read in the light of article 22 of the
Declaration on the Rights of Indigenous Peoples, which ensures that the special needs of
indigenous women should be protected against all forms of discrimination. Similarly,
although the Beijing Declaration and Platform for Action does not explicitly refer to the
participation of indigenous women, the Commission on the Status of Women has now
called for the participation of indigenous women in both the Beijing Platform and the
Millennium Development Goals.7
14.
Participation is also one of the guiding principles of the Convention on the Rights of
the Child. Article 12 affirms that children, both individually and collectively, have the right
to participate in decision-making that may be relevant to their lives and to influence
decisions taken in their regard, within the family, school or community. Moreover, the
provisions of the Convention should be interpreted in conjunction with article 30 of the
Convention, which provides for the right of the indigenous child, in community with other
members of his or her group, to enjoy, individually or collectively, his or her own culture,
to profess and practise his or her own religion or to use his or her own language.
15.
The International Convention on the Elimination of All Forms of Racial
Discrimination obliges States to prohibit and eliminate all forms of racial discrimination,
including in relation to the enjoyment of political rights, as well as in the conduct of public
affairs (article 5). In its general recommendation No. 23 (1997) on the rights of indigenous
3
4
5
6
7
See Official Records of the General Assembly, forty-seventh Session, supplement No. 40 (A/47/40)
and Raija Hanski and Martin Scheinin, comp., (2003), Leading Cases of the Human Rights Committee
(Turku, Finland, Institute for Human Rights, Åbo Akademi University, 2003), pp. 402, 406–409.
See CCPR/C/79/Add.109 and Add.112, CCPR/CO/69/AUS and CCPR/CO/74/SWE.
General comment No. 23 (1994) on article 27 (Rights of minorities), para. 7.
Official Records of the General Assembly, fiftieth Session, supplement No. 40 (A/50/40), vol. II,
annex X, section I, para. 9.6.
E/CN.6/2005/2, paras. 572–595.
5
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