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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents