A/HRC/21/24
VI. Issues for consideration
60.
As mentioned above, a number of issues will need to be addressed with a view to
implementing a procedure to enable the participation of indigenous peoples’ representatives
in the United Nations.
A.
Eligibility for accreditation as an indigenous peoples’ representative
61.
Existing practices may provide guidance in the identification of criteria for the
accreditation of indigenous peoples’ representatives. For example, in resolution 6/36, the
Human Rights Council refers to indigenous peoples’ organizations whose aims and
purposes are in conformity with the spirit, purposes and principles of the Charter. There is a
similar requirement for non-governmental organizations in consultative status with
Economic and Social Council, stated in Council resolution 1996/31. Other criteria
applicable to non-governmental organizations in consultative status with the Economic and
Social Council may also be relevant, such as that the organization undertake to support the
work of the United Nations and to promote the knowledge of its principles and activities, in
accordance with its own aims and purposes and the nature and scope of its competence and
activities. Moreover, criteria may include a commitment to pursue the goals of promotion
and protection of indigenous peoples’ rights as expressed in the United Nations Declaration
on the Rights of Indigenous Peoples, emulating the requirement for non-governmental
organizations focused on human rights to pursue the promotion and protection of human
rights.
62.
In resolution 18/8, the Human Rights Council refers explicitly to the participation of
recognized indigenous peoples’ representatives in the United Nations system. This raises a
number of important questions such as: from whom recognition is required, and what
principles should determine, on the one hand, which indigenous peoples are recognized
and, on the other, which representatives are recognized. In answering those questions, the
fact that indigenous peoples have the right to self-identify as such, the right to selfdetermination, and the fact that there is no agreed definition of indigenous peoples should
be borne in mind. Moreover, article 18 of the United Nations Declaration on the Rights of
Indigenous Peoples states that indigenous peoples have the right to participate in decisionmaking in matters which would affect their rights, through representatives chosen by
themselves in accordance with their own procedures. Similarly, article 33 states that
indigenous peoples have the right to determine the structures and to select the membership
of their institutions in accordance with their own procedures. In that light, it is important to
ensure that the process to determine recognized indigenous peoples’ representatives
strengthens indigenous peoples’ participation through their institutions, representative
bodies and organizations.
B.
Body to determine the eligibility of indigenous peoples’ representatives
for accreditation
63.
As outlined above, processes are already in place to determine the accreditation of
indigenous peoples’ organizations and representatives to specific United Nations bodies,
and their effective participation therein. For example, the secretariats of the Expert
Mechanism on the Rights of Indigenous Peoples and the Permanent Forum on Indigenous
Issues (OHCHR and the Department of Economic and Social Affairs, respectively) manage
the accreditation processes for each body. Similarly, in the cases of the United Nations
Voluntary Fund for Indigenous Populations and national human rights institutions,
independent bodies are responsible for determining the eligibility of the respective persons
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