A/HRC/21/24
I. Introduction
1.
The present report is submitted to the Human Rights Council pursuant to its
resolution 18/8, in which the Council requested the Secretary-General, in cooperation with
the Office of the United Nations High Commissioner for Human Rights (OHCHR), the
Office of Legal Affairs and other relevant parts of the Secretariat, to prepare a detailed
document on the ways and means of promoting participation at the United Nations of
recognized indigenous peoples’ representatives on issues affecting them, given that they are
not always organized as non-governmental organizations, and on how such participation
might be structured, drawing from, among other things, the rules governing the
participation in various United Nations bodies by non-governmental organizations
(including Economic and Social Council resolution 1996/31) and by national human rights
institutions (including Human Rights Council resolution 5/1 and Commission on Human
Rights resolution 2005/74), and to present the document at its twenty-first session.
2.
The Council’s request is consistent with the United Nations Declaration on the
Rights of Indigenous Peoples, which, in article 41, states that the organs and specialized
agencies of the United Nations system and other intergovernmental organizations are to
contribute to the full realization of the provisions of the Declaration through the
mobilization, inter alia, of financial cooperation and technical assistance. It also states that
ways and means of ensuring participation of indigenous peoples on issues affecting them
are to be established.
3.
The Council’s request follows a proposal to the Council from the Expert Mechanism
on the Rights of Indigenous Peoples (A/HRC/18/43). In that proposal, the Expert
Mechanism:
(a)
Referred to article 18 of the United Nations Declaration on the Rights of
Indigenous Peoples, which affirms that indigenous peoples have the right to participate in
decision-making in matters which would affect their rights, through representatives chosen
by them in accordance with their own procedures, as well as to maintain and develop their
own indigenous decision-making institutions;
(b)
Also referred to article 41 of the Declaration, which establishes a duty for the
United Nations to contribute to the full realization of the provisions of the Declaration,
including through ways and means of ensuring participation of indigenous peoples on
issues affecting them;
(c)
Recognized that the United Nations consultative arrangements for non-State
entities could prevent indigenous peoples’ governance bodies and institutions, including
traditional indigenous Governments, indigenous parliaments, assemblies and councils, from
participating in decision-making processes at the United Nations, as they were not always
organized as non-governmental organizations;
(d)
Proposed that the Council should encourage the General Assembly to adopt,
as a matter of urgency, appropriate permanent measures to ensure that indigenous peoples’
governance bodies and institutions, including traditional indigenous Governments,
indigenous parliaments, assemblies and councils, were able to participate at the United
Nations as observers with, at a minimum, the same participatory rights as nongovernmental organizations in consultative status with the Economic and Social Council.
4.
The Expert Mechanism’s proposal to the Council reflects its 2009-2011 study on
indigenous peoples and the right to participate in decision-making (A/HRC/18/42), in
which it stated that the United Nations should, in accordance with the United Nations
Declaration on the Rights of Indigenous Peoples, establish a permanent mechanism or
system for consultations with indigenous peoples’ governance bodies, including indigenous
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