A/HRC/4/WG.3/6 page 26 80. The core human rights treaties do not specifically refer to indigenous peoples (with the exception of the Convention on the Rights of the Child (CRC).67 Nevertheless, there is no doubt that article 1, paragraph 1 of ICERD, and other norms of human rights treaties prohibiting discrimination also apply. 81. The plight of indigenous peoples was the focus of CERD general recommendation No. 23 (1997) on the rights of indigenous peoples, which inter alia states that “discrimination against indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination”.68 Committee on the Elimination of Discrimination Against Women general recommendation No. 24 (1999) on article 12 of the Convention (women and health) pays special attention to the health needs and rights of women belonging to vulnerable and disadvantaged groups, including indigenous peoples.69 Article 30 of the CRC proclaims the right of a child of indigenous origin to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language. The reporting guidelines adopted by CERD only mention the situation of indigenous peoples.70 82. The 2005 World Summit Outcome called upon States to conclude negotiations on and approve as soon as possible the United Nations draft declaration on the rights of indigenous peoples, under discussion by the Working Group on Indigenous Populations of the Commission on Human Rights since 1995.71 The draft was eventually adopted by the Human Rights Council in 2006 but it is still pending on the agenda of the General Assembly.72 67 The CRC was adopted in 1989, and entered into force in 1990. With 192 States parties as of 7 October 2005, it is the United Nations human rights instrument enjoying the most universal ratification. 68 Paragraph 1. 69 Paragraph 6. 70 CERD/C/70/Rev.5. 71 It is worth noting that the second World Conference on Human Rights in 1993 called on the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to complete the drafting of the declaration on the rights of indigenous people that had been on its agenda for several years. 72 On 30 January 2007, the Assembly of the African Union adopted a decision (Assembly/AU/ Dec. 141 (VIII)) on the draft declaration, maintaining a united position in the negotiations on amending the declaration and finding a solution to the concerns of African States, amongst the most important of which are questions about: (a) the definition of indigenous peoples; (b) self-determination; (c) ownership of land and resources; (d) establishment of distinct political and economic institutions; and (e) national and territorial integrity.

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